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Torts Keyed to Underwood
Schroyer v. McNeal
Citation:592 A.2d 1119 (Md. App. 1991)
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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:
The plaintiff arrived at the defendant’s inn to rent a room. At the time, approximately four inches of sleet and ice had accumulated. However, the area in front of and surrounding the main lobby area had been shoveled. The plaintiff visited the front desk and acquired a room. The plaintiff was assigned a room close to the west side entrance, which was at the far end of the hall away from the inn’s lobby. This was done notwithstanding the hotel’s policy of not assigning such rooms during inclement weather. The plaintiff was also not advised that she should not use the west entrance and, of course, no warnings to that effect were posted near that entrance. On one of her trips to her car to retrieve her belongings, the plaintiff slipped and fell and was injured.
- 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.