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Torts keyed to Best
Thomas v. McDonald
Citation:667 So.2d 594 (Miss. 1985).
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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.
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- 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 crew had experienced problems with the truck in the days preceding. This included installing a new battery and “kick-starting” the vehicle just prior to the incident. Despite these attempted repairs, the vehicle stalled while driving up a steep incline around 5:45-6:00 pm, when nightfall was beginning to set in.
Baker attempted to repair the vehicle yet again, to no success, so instead stood in front of the vehicle attempting to warn oncoming traffic of the vehicle. The vehicle covered the entire eastbound traffic lane, and it was not equipped with emergency flashing lights.
McDonald, driving another vehicle, did not see Baker or the stalled vehicle. He collided with the parked car, which resulted in injuries to McCormick, who was inside the vehicle.
- 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.