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Torts Keyed to Dobbs
Pohl v. County of Furnas
Citation:682 F.3d 745 (8th Cir. 2012)
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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:
Pohl (Plaintiff) was traveling down a gravel road, Drive 719, at 63 MPH. Though there was no posted speed limit, the general limit on roads of this type was 50 MPH. Plaintiff came upon the warning sign for an upcoming 90 degree curve and braked, but he went off the road and hit an embankment. Plaintiff’s expert testified that the sign was not retroreflective, so the distance between the sign and curve was insufficient to allow drivers to brake in time. Plaintiff waited all night for help, but none came. The next morning he crawled for help and was diagnosed with a fracture, cord compression, and frostbite.
- 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.