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Torts Keyed to Underwood
William Whirl v. C.V. (Buster) Kern
Citation:407 F.2d 781 (5th Cir. 1968)
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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.
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- 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 was arrested on suspicion of felony theft by the City of Houston police and placed in the Houston city jail. Two days later, Whirl was transferred to the Harris County jail. Later on, the charges against the plaintiff were dismissed. However, the sheriff’s office was not aware of this. As a result, the plaintiff remained in jail for almost nine months after the charges against him were dismissed. This error was a result of a communication failure.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
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- 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.
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