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Torts Keyed to Duncan
Mohr v. Williams
Citation:104 N.W. 12 (Minn. 1905)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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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:
The plaintiff sought out the defendant physician due to discomfort she was having in her right ear. The physician defendant examined both of plaintiff’s ears and found issues with each. The physician was however unable to fully examine the left ear because of foreign substances in the ear blocking his view. The plaintiff and defendant agreed to an operation on her right ear to repair its damage, and plaintiff was admitted to the hospital for this purpose.
Once the plaintiff was at the hospital and under anesthesia, the physical more closely examined the left ear, and found that it was in worse shape than the right. The defendant and the plaintiff’s family doctor again examined the right ear and determined that the left was more in need of surgery than the right. The defendant made the decision to operate on the left ear instead of the right without making plaintiff aware of the change.
- 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.