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Torts keyed to Best
Plourde Sand & Gravel v. JGI Eastern, Inc.
Citation:154 N.H. 791 (2007)
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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:
A subcontractor hired the plaintiff to supply gravel for purposes of constructing the base for a roadway. After the plaintiff suppled the gravel, the engineers that were working on the roadway hired the defendant to test the gravel to determine whether it met town specifications. The defendant tested the gravel, and reported to the engineers that it contained “insufficient stone content and excessive fines.” As a result of this test, the plaintiff was required to remove and replace the gravel at its own expense. After doing so, the plaintiff tested the gravel and found that it did in fact meet town specifications.
- 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.