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Torts Keyed to Duncan
Smith v. Cote
Citation:128 N.H. 231, 513 A.2d 341 (1986)
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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:
Linda Smith (plaintiff), suffering from nausea, abdominal pain, and a later menstrual period, sought medical treatment from a group of physicians (defendants). The defendants determined that the plaintiff was pregnant. Four months later, the defendants determined that the plaintiff had been exposed to rubella. The plaintiff gave birth to Heather (plaintiff), who suffered from birth defects as a result of congenital rubella syndrome. The plaintiffs sued the defendants for negligently failing to timely diagnose the rubella and failing to advise the mother of the potential birth defects so she could make an informed decision about keeping the child. The defendants filed a motion to dismiss.
- 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.