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Torts Keyed to Duncan
Vincent v. Lake Erie Transport Co.
Citation:124 N.W. 221 (Minn. 1910)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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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 defendant was unloading cargo from its ship at plaintiff’s dock pursuant to a contract between the two when a violent storm rolled in. When they were finished unloading, they sent for a tug boat to pull them away from the dock, but because of the severity of the storm no tug boat could be located. The defendant knew that remaining moored to the dock could cause damage to the dock when the boat was rocked by the turbulent water, but determined that it was safer to stay tied to the dock rather than drift back into the harbour and be at the mercy of the storm.
It was agreed at trial the storm was so bad that no reasonable boat captain would have been justified in trying to navigate it. Traffic in and out of the harbour was practically suspended until the next morning when the storm had passed.
- 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.