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Contracts Keyed to Summers
Webb v. McGowin
Citation:27 Ala. App. 82, 168 So. 196
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:
Joe Webb (plaintiff) worked for a lumber company. One day, Webb was clearing the upper floor of one of the company’s mills. To do so, Webb had to drop a seventy-five-pound pine block from the upper floor of the mill to the ground below. As Webb turned the block loose to drop it, he saw J. Greeley McGowin on the ground below standing directly under where the block was to fall. The only way to prevent McGowin from suffering seriously bodily harm or death was for Webb to hold the block and divert its direction. Webb did so and ended up badly crippled for life. In consideration for saving his life, McGowin agreed to care for and maintain Webb for the rest of Webb’s life at the rate of $15 every two weeks. McGowin made these payments until he died. McGowin’s estate (defendant) refused to continue the payments. Webb sued McGowin’s estate to recover the unpaid installments.
- 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.