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Torts keyed to Best
Richard v. Mangion
Citation:535 So.2d 414 (La. Ct. App. 1988)
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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:
Shawn and Jeremy attended the same school. After Shawn moved into Jeremy’s neighborhood, the two rode on the same bus to school. One morning, Jeremy made a derogatory comment to Shawn about his pants, and kicked Shawn after Shawn retorted to the comment. Shawn testified that Jeremy later showed up and asked him to fight. The two started to fight, but stopped after Jeremy kicked Shawn. Following this interaction, the two planned to fight at a later time. Knowing about the anticipated fight, other classmates pressured the two to fight at a specified location. Jeremy went to the area to meet Shawn, and Shawn went in order to “get it over with”. The two began pushing each other, and a fight broke out. During the fight, Jeremy punched Shawn in the eye and caused hemorrhaging in Shawn’s eye, which necessitated two operations and over $15,000 in medical expenses. Shawn’s parents subsequently brought a battery suit against Jeremy’s parents.
- 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.