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Torts Keyed to Underwood
Woodard v. Turnispeed
Citation:784 So. 2d 239 (Miss. Ct. App. 2000)
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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:
For an unspecified period of time, the plaintiff had worked on the defendant’s dairy farm. The plaintiff had been fired multiple times but was re-employed by the defendant at some point before the alleged assault and battery. One day, the plaintiff, along with two other boys, were preparing cows to be milked. The plaintiff was tasked with the job to clean the cows’ udders. The defendant observed the plaintiff pass over three filthy cows. After seeing this, the defendant told the plaintiff that he was fired. During one of his previous firings, the plaintiff had apparently threatened revenge upon the defendnat. Therefore, the defendant accompanied the plaintiff as the plaintiff punched out at the time clock. The defendant claimed that during this time, the plaintiff made multiple threats. After the plaintiff had punched out, he changed clothes and telephoned his father to get a ride home. At this point in time, the defendant went back to work. Later on, the defendant discovered that the plaintiff was still on the farm, sitting on a car that was parked on the defendant’s property. The defendant warned the plaintiff to leave the property. The plaintiff responded that he was not going anywhere. Eventually, the defendant grabbed a nearby broom and struck the plaintiff several times.
- 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.