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Torts keyed to Best
Padlo’s v. V.G.’s Food Center, Inc.
Citation:2005 W.L. 3556245 (E.D. Mich. 2005).
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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:
Two females at convenient store, when shop employee hears girls unwrapping merchandise and “looking suspiciously around them.” Floeter requested another employee for help watching the young girls due to this suspicion. Bigham confronted the two girls, who eventually emptied out their pockets of store items, and began to cry.
Bigham phoned the police, who came to the store to conduct an investigation.
While waiting for the police, Bigham, Bay, and Floeter keep Plaintiff and Green inside of manager’s office. Plaintiff attempted to phone her mother while in the office, but Bigham took the phone from her. After the police arrived, the Officer arrested both Plaintiff and Green for retail fraud.
After Plaintiff was found not guilty on charges of retail theft, she commenced a civil action against VG’s Food Center, Inc., store employees, and the officer who arrested her for suspected retail theft. Count One against the Defendants alleged false imprisonment and detainment without requisite legal basis. Count Two alleged battery and assault against Defendants without requisite legal basis.
- 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.