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Torts Keyed to Dobbs
Ward v. Inishmaan Assocs. Ltd. Partnership
Citation:931 A.2d 1235 (N.H. 2007).
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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:
The Plaintiff, Kristin Ward, was attacked by Merry Sommers who stabbed her several times. The attack happened outside of the Plaintiff’s apartment. The Plaintiff and Sommers were neighbors in a large, mixed income housing complex owned and managed by the Defendants, Inishmaan Associates and JCM Management Co. Problems between the Plaintiff and Sommers began several years prior. Sommers often made offensive comments to the Plaintiff, frequently banged on the wall separating their two apartments, and made numerous and unsupported complaints about the Plaintiff to management. Several months before the stabbing, Sommers pushed the Plaintiff’s car door into her while the Plaintiff was getting her son out of his car seat. The Plaintiff complained to the police and regularly registered her complaints with Defendant JCM’s personnel.
After the stabbing, Sommers was arrested and subsequently charged with attempted murder. The Plaintiff sued the Defendants claiming that they failed to protect her from Sommer’s criminal assault. Sommers died before being brought to trial on the criminal charges.
- 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.