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Torts keyed to Best
McQuiggan v. Boy Scouts of America
Citation:536 A.2d 137 (Md. Ct. App. 1987).
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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:
Nicholas was dropped off by his mother at a local church to attend a Boy Scout meeting, also attended by Hamm and McDonnell. Upon arrival, Nicholas noticed the boys playing a paper clip shooting game.
After some time, Nicholas was asked to join in the game. He did so voluntarily and testified he knew the object of the game, its risk, and felt no pressure to join in with the fellow scouts.
Nicholas and an unidentified scout chased Kevin and Billy down the hallway. Although Nicholas did not have a paper clip, he attempted to deceive the other boys by using an elastic hair band. The unidentified scout did have paper clips and was shooting them at Kevin and Billy.
Nicholas returned to the meeting room, while the unidentified scout continued to play, and began to walk toward a table. He testified he “stopped playing” at this point, although he had not communicated this to the other participants.
At this point, Nicholas felt something in his right eye. After brushing his eye, a paper clip dropped to the floor.
- 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.