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Torts Keyed to Underwood
Staggs v. Sells
Citation:82 S.W.3d 219 (Ct. App. Tenn. 2001)
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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 defendants put up a house they owned for sale. The plaintiff showed interest in the house. The sides eventually agreed to a contract. The contract states that the property “has not been damaged or affected by flood or storm run-off and that [the] Property does /s does not require flood insurance.” The box next to the phrase “does not” in this sentence was checked. No other information about flooding risks was provided by the defendants. The defendants never saw the contract, but they authorized their agent to sign it for them. Before closing, the plaintiff obtained a flood certification that established that the property, like the majority of property in Putnam County, was in flood zone C and that flood insurance could be purchased but was not required. However, the plaintiff never asked the defendants any direct questions about any flooding.
Over the next few years, water flooded the yard around 15 times. In some cases, the flooding was so severe that the house was completely surrounded by water rendering it a virtual island.
- 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.