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Torts Keyed to Farnesworth
Ploof v. Putnam
Citation:81 Vt. 471, 71 A. 188 (1908)
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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.
- 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:
Ploof (Plaintiff) and his family were out sailing on a lake when a sudden storm began. To protect his boat and family, Plaintiff secured his boat onto Putnam’s (Defendant) dock on an island. Defendant’s servant unhooked the boat from the dock. Once unsecured, the storm led the boat to crash onto the shore and flung Plaintiff’s family into the lake, injuring them. Plaintiff has sued Defendant for trespass and negligence for unhooking the boat.
- 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.