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Torts Keyed to Christie
Strauss v. Belle Realty Company
Citation:65 N.Y.2d 399, 492 N.Y.S.2d 555, 482 N.E.2d 34 (1985)
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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:
Julius Strauss (Plaintiff), a 77 year old resident of an apartment owned by Belle Realty Company, was injured during a blackout caused by a failure of Consolidated Edison’s (Defendant) power system. Specifically, the Plaintiff was without water for two days because of the blackout, causing him to walk down to the basement for water where he fell down the defective basement stairs. The Plaintiff sued his landlord for negligently maintaining the basement stairs and sued the Defendant for negligently failing to provide electricity. The Plaintiff moved for partial summary judgment against the Defendant and the Defendant filed a cross-motion for summary judgment on the grounds that it did not owe the Plaintiff a duty of care.
- 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.