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Contracts Keyed to Kunz
Romero v. Mervyn’s
Citation:784 P.2d 992 (N.M. 1989)
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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:
Plaintiff was shopping at Defendant’s department store, Mervyn’s (Defendant Mervyn’s), with two of her adult daughters. While on the escalator, Plaintiff was pushed by another customer, forcing Plaintiff to fall to her hands and knees, hitting her jaw as she fell. Defendant Wolf was the acting store manager and came in response to the incident. Wolf testified that Plaintiff’s daughters were “very upset, a little bit hysterical,” and kept asking who would pay for their mother’s medical expenses. Plaintiff testified that Defendant Wolf “seemed to be kind of nervous and in a hurry since the store was busy.” During this time, Defendant Wolf told Plaintiff that Defendant Mervyn’s would pay any medical bills. Defendant Wolf contested this in his testimony, claiming that instead, he told Plaintiff, pursuant to company policy, that Defendant Mervyn’s would submit the claim to its insurer, who would make the decision whether to pay any claims arising from the incident. That following Monday, Plaintiff was still in pain and so decided she would seek medical attention. Plaintiff asked her daughters to call Defendant Mervyn’s and confirm with Defendant Wolf his promise that Defendant Mervyn’s would pay the expenses. Defendant Wolf told Plaintiff to come down to the store and pick up the necessary forms. When Plaintiff’s daughters came to the store, Defendant Wolf told them that he was out of the necessary forms and that they should go ahead and have their mother go to the doctor, and Defendant Mervyn’s would pay the expenses. Accordingly, Plaintiff consulted a physician and underwent physical therapy. The cost of Plaintiff’s treatment was $2,041, but Defendant Mervyn’s refused to pay Plaintiff’s bills.
- 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.