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Torts Keyed to Underwood
Shugar v. Guill
Citation:283 S.E.2d 507 (N.C. 1981)
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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 entered the defendant’s restaurant known as “Cotton’s Grill” for the purpose of joining several regular customers for coffee. After serving himself a cup of coffee, he joined the group. The Plaintiff moved toward the table where the men sat without paying for his cup of coffee. The defendant was seated at the table, and as plaintiff took a seat at the table he said to defendant. “This cup of coffee is on the house.” The plaintiff, who was previously acquainted with defendant, claimed that the defendant owed him a past debt and that therefore the coffee should be free. The defendant demanded that the plaintiff leave the restaurant. The plaintiff responded by saying “make me.” The defendant then picked up the plaintiff in a bear hug and started toward the door. The plaintiff and defendant would later exchange multiple blows. The plaintiff ended up suffering a broken nose.
- 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.