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Torts keyed to Best
Woodard v. Turnipseed
Citation:
784 So.2d 239 (Miss Ct. App. 2000).Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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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:
Turnipseed previously fired Woodard for failing to clean the cows before attaching the milker to udders. Turnipseed fired Woodard a second time for the same reason, which gave rise to Woodard’s assault and battery claim against Turnipseed, which Turnipseed alleged was self-defense.
After the first firing, according to Turnipseed, Woodard threatened to “get you (Turnipseed) for this.” For this reason, Turnipseed ushered him to the timeclock during the second firing, making sure another employee was present, as well as ensuring Woodard properly clocked out.
Turnipseed repeatedly told Woodard to leave the farm after the firing, but Woodard refused to leave. Woodard remained on Turnipseed’s property, although away from dairy operations, and sat on a car while waiting for a ride home. Woodard’s home was located some five to ten miles from the farm.
Woodard picked up a nearby broom and threatened Woodard with the object. Woodard refused to leave, so Turnipseed walked toward him and struck him three times with the broom. The object cracked as a result of the impact. Woodard suffered a hematoma of the right flank as a result of the striking, and eventually left the farm
- 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.
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