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Torts Keyed to Henderson
Soule v. General Motors Corp.
Citation:8 Cal. 4th 548, 882 P.2d 298, 34 Cal. Rptr. 2d 607 (1994)
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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:
On January 16, 1984, the plaintiff was driving a 1982 Camaro, manufactured by the defendant, in the center lane of an arterial street. There was a slight drizzle, so the roads were wet, and the plaintiff was not wearing a seatbelt. A 1972 Datsun coming from the other direction skidded across the road, striking the plaintiff’s car in the area near the left front wheel. The vehicles’ combined closing speeds on impact were estimated to be between 30 and 70 miles per hour. The collision bend the Camaro’s frame and tore loose the bracket that attached the wheel to the frame, allowing the wheel to collapse backwards and smash the car’s floorboards into the plaintiff’s feet. This caused considerable damage to the plaintiff’s ankles, including a fused joint that permanently disallows the plaintiff from flexing her ankle. As a result, she is barely able to walk, and her condition is expected to deteriorate.
- 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.