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Torts Keyed to Underwood
McCoy v. American Suzuki Motor Corp.
Citation:961 P.2d 952 (Wash. 1998)
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
One day, the plaintiff was driving eastbound on Interstate 90 when the car that preceded him, a Suzuki Samurai, swerved off the roadway and rolled. The plaintiff stopped to render assistance, finding the driver seriously injured. Shortly thereafter, a Washington State Patrol trooper arrived on the scene and asked the plaintiff to place flares on the roadway to warn approaching vehicles. However, the flares were insufficient. Therefore, the plaintiff positioned himself a quarter-mile from the accident scene with a lit flare in each hand and manually directed traffic to the inside lane. Two hours later, the injured driver and passenger of the Suzuki were removed and the scene was cleared, leaving only the trooper and the plaintiff on the roadway. When the plaintiff walked back towards the trooper, moving on the roadway’s shoulder, he was struck from behind by a hit-and-run vehicle.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.