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Torts Keyed to Duncan
Wallace v. Rosen
Citation:765 N.E.2d 192 (Ind. App. 2002)
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:
On April 22, 1994 Ms. Wallace was at her daughter’s school to deliver her homework. After traveling up a flight of stairs to meet her daughter, a fire drill broke out. Ms. Rosen, in attempting to lead her students out of the building, encountered her Ms. Wallace, her daughter and two other individuals at the top of the stairs. Due to the ongoing noise of the fire drill Ms. Rosen was forced to raise to her voice and tap Ms. Wallace on the shoulder in order to get her attention. At this point is where the stories diverge: Ms. Wallace claims she was pushed/tripped down the stairs, while Ms. Rosen insists that Ms. Wallace was able to make it to the bottom of the stairs with no issue.
Ms. Wallace requested that a jury instruction for battery be given at trial. The instruction included language that claimed that a battery can be recklessly committed when one acts unintentionally. The court refused to read this instruction to the jury.
- 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.