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Business Entities Keyed to Chiappinelli
Valentine v. Hodnett
Citation:2015 WL 12942069 (S.D. Tex. Sept. 16, 2015)
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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:
Hodnett began working for LouTex. He was employed by the company as a driving assistant; his main duties included helping LouTex’s drivers with directions, guiding its trucks, and flagging traffic when necessary. He was not hired for the purpose of driving. He did not drive a LouTex-owned vehicle nor his personal vehicle during his tenure. On June 14, 2012, Hodnett finished his ten-hour shift and went to Doctor’s Hospital to obtain treatment for his lower back pain. On June 15, 2012, Hodnett drove his personal vehicle from his portable trailer to a nearby gas station for the purpose of buying breakfast and lunch. Around 6:25 a.m. on his way to his next shift, he veered into oncoming traffic and collided with the vehicle driven by Valentine. Valentine died at the scene. While investigating the scene, police officers found a bottle of hydrocodone that was prescribed to Hodnett inside his vehicle. As a new employee of LouTex, Hodnett was required to take a drug test before beginning work, but his drug test was negative.
- 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.