SmartBrief
Confirm favorite deletion?
Admiralty Law Keyed to Maraist
Roy Crook and Sons v. Allen
Citation:
778 F.2d 1037 (1985)Facts
On July 4, 1981, the M/V Lady Patricia, owned by Roy Crook & Sons, Inc., experienced engine problems in the Gulf of Mexico. The vessel was restarted but could not raise its anchor, which was left at sea with an improvised buoy marking its location. After arriving at port in Ingleside, Texas, one crew member quit, and Vice-President Scotty Crook replaced him with James Crume. The vessel was then sent back to sea with only Captain Allen and Crume aboard, despite the Certificate of Inspection requiring a crew of four (two ocean operators and two deck-hands). When they attempted to recover the anchor, Crume tried unsuccessfully for three hours. Captain Allen then assisted, became entangled in the line, was pulled overboard, and drowned despite Crume’s rescue attempts. The district court found that the undermanning of the vessel contributed to Captain Allen’s death but also determined that Captain Allen was 75% contributorily negligent.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.