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Torts Keyed to Underwood
Otis Engineering Corp. v. Clark
Citation:668 S.W.2d 307 (Tex. 1983)
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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:
An employee for the defendant, Robert Matheson, was working the evening shift at the defendant’s plant. Matheson had a history of drinking on the job, and was intoxicated on the night of the accident. Matheson’s supervisors knew that he had drinking problems. On the day of the accident, Matheson was “not acting right”, was uncoordinated and was slurring his words. As a result, Matheson was sent home. One of Matheson’s supervisors escorted him to the company parking lot, asked him if he was all right and if he could make it home. Matheson allegedly answered that he could. Thirty minutes later, some three miles away form the plant, Matheson killed the plaintiffs’ wives in an automobile accident.
- 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.