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Torts keyed to Robertson
Citation:United States Court of Appeals, Second Circuit, 1932. 60 F.2d. 737.
ProfessorMelissa A. Hale
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- 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:
Plaintiffs owned cargo that were being carried on the Defendant’s two barges. The barges were towed by two tugboats belonging to the Third-Party Defendant who was contracted by the Defendant. The barges and their cargo were lost off the coast of New Jersey in a severe storm. Neither of the tugboats were equipped with radios that would had provided them with warnings of and changes in weather conditions. They did not seek shelter en route as their private radio receiving sets, which were on board, were not working. These private radio receiving sets were not furnished or supervised by the owner of the tugboat. It was not a general custom among coastwise carriers to equip their tugs with radio receiving sets. One carrier line did it while the other lines relied upon their crews.
An adequate radio receiver set suitable for a coastwise tug was available at a small cost and was reasonably reliable if maintained and offered great protection to the tugboats. With these sets, tugboat crews within two or three hundred miles would receive weather predictions twice a day. Receivers such as these would offer protection especially to coal carrying barges such as the ones at issue in this case as they have little power to maneuver themselves to avoid weather quickly.
- 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.
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- 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.