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Evidence keyed to Mueller
Petrocelli v. Gallison
Citation:
679 F.2d 286 (1982).Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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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:
Petrocelli undergoes hernia surgery after experiencing intense pain, which is performed by Gallison. Even after surgery, Petrocelli still suffered tremendous pain, so Beverly reached out to Gallison in a follow-up conversation. Beverly alleged she was told by Gallison he severed one of Petrocelli’s nerves during the first surgery. Petrocelli then sought medical care under a different physician (Dr. Swartz), who performs two subsequent surgeries.
During trial, Swartz introduced expert testimony, a sentence of which was stricken from the record as it contained hearsay, and was offered to show Gallison severed Petrocelli’s nerve during surgery. Further, another physician’s expert testimony which supported the position that Petrocelli suffered a severed nerve was stricken from the record on hearsay grounds.
- 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.
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