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Torts keyed to Best
Myhaver v. Knutson
Citation:942 P.2d 445 (Ariz. 1997).
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- 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.
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- 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:
Magnuson turned into the wrong traffic lane, and began driving directly against incoming traffic. In order to avoid the impending head-on collision, Elmo Knutson swerved out of Magnuson’s way, crossing over the double yellow and collided with Bruce and Barbara Myhaver.
Magnuson continued driving, unaware of the collision, until a police officer stopped her and directed her back to the accident scene. As a result of the collision, one of the Myhavers (unspecified in the case) sustained serious injuries.
The Myhavers filed suit against both Magnuson and Knutson. Magnuson settled with the Myhavers; however, the suit against Knutson proceeded to trial and is the subject of this opinion.
- 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.