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Torts Keyed to Twerski
Rice v. Brakel, M.D.
Citation:310 P.3d 16 (Ariz. App. Ct. 2013)
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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.
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- 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:
Jay Rice (Plaintiff) received spinal surgery from Arlo Brakel (Defendant), a neurosurgeon, to relieve his leg pain. Following the surgery, Plaintiff experienced increased pain. He discovered that at the time of the surgery, Defendant was being disciplined by the medical board for a dependency on prescription drugs. Plaintiff sued Defendant for negligence, battery, and breach of contract. Defendants moved for summary judgment.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
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- 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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