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Torts Keyed to Underwood
Yania v. Bigan
Citation:155 A.2d 343 (Pa. 1959)
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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 defendant was engaged in a coal strip-mining operation in a township. On the property being stripped were large cuts or trenches created by the defendant when he removed the earthen overburden for the purpose of removing the coal underneath. On cut contained water 8 t 10 feet in depth with side walls or embankments of 16 to 18 feet in height. At this cut, the defendant had installed a pump to remove the water. One day, the plaintiff’s husband went upon the defendant’s property for the purpose of discussing business matter. While the husband was there, the defendant asked him for help in starting the pump. The husband jumped into the cut where the pump was located and drowned. The defendant did nothing to help the husband.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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