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An example of how to brief a case using the irac method, focusing on the impact rule and emotional distress. The case in question involves hagan and parker suing coke for negligence after discovering a used condom in a bottle of coke, with both parties appealing to the 5th district court of appeal. The facts, procedural history, issue, rule, application, and conclusion of the case.
Typology: Summaries
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Each case brief should be approximately one-page long. Prior to your I-R-A-C, provide a brief summary of pertinent facts and procedural history using the format described below. Facts:Write a brief summary of the facts of the case. Hint: Do not simply restate all facts from the case; rather, repeat only those facts that were relevant to the court’s decision (application of law to the facts). Procedural History: Explain where the case is in the court system. Was there a jury verdict or was the underlying case dismissed after a motion to dismiss or motion for summary judgment? Is the case brief from the trial court or is an appellate judge from court of appeal writing the case brief? Hint: You can often find the procedural history in the last sentence or two from the case brief’s italicized statement of facts. Example: “The trial court denied the defendant’s motion for summary judgment. Defendant then appealed to the Florida Court of Appeal.” Issue: What is the legal question that, when answered, determines the result of the particular case? The issue should generally be one sentence long and in the form of a question. Most cases present one issue. If you identify multiple issues, state each one and give the rules for all issues raised. The issue should almost always be case specific, mentioning the parties’ names and using specific facts of the case. Hint: The more specific the better. ACCEPTABLE: “Is Brown liable to White for false imprisonment?” BETTER: “Is Brown liable to White for false imprisonment when he handcuffed White to the post while White remained asleep at all times?” UNACCEPTABLE: “Will the plaintiff win?” Example: “Is the legal defense of justifiable homicide available to Zimmerman in a wrongful death action if Martin was not armed with a weapon likely to cause great bodily injury or death?” Rule: The rule describes how the law applies to the issue. The rule, which could be a statute or a common law rule, should be stated as a general principal and not a conclusion to the particular case being briefed. Do not use parties’ names or specific facts from the case. Frequently, the rule will be the definition of the principle of law applicable in the case. Note that there are often multiple rules in a case, especially when there are multiple issues. Hint: The rule is often best stated as a list rather than in paragraph form; do not simply write the name of the rule (e.g., “battery”, “defamation”, “negligence”). ACCEPTABLE: “To prove that a defendant is liable for false imprisonment, the plaintiff must prove that there was an intentional confinement of a person for an appreciable time.” BETTER: “To prove that a defendant is liable for false imprisonment, the plaintiff must prove that there was: (1) an intentional; (2) confinement of a person; (3) for an appreciable time. UNACCEPTABLE: “False Imprisonment.” Example: “Justifiable homicide is a defense to a wrongful death civil action when (1) the defendant reasonably believes that the decedent’s actions (2) are likely to cause imminent (3) great bodily injury or death.” Application: How does the court apply the rule of law to the facts of the case? The application represents your understanding of the analysis used by the court to reach its conclusion. It should explain the court’s consideration of the issue, presenting both sides of the debate when possible. The application is the most important, and the longest, part of the brief. If the rule discusses justifiable homicide, take the facts of the case and explain whether or not they fit into the definition of justifiable homicide. Example: “In this case, the plaintiff (decedent’s parents) contended the trial court properly denied defendant’s motion for summary judgment because the legal defense of justifiable homicide cannot be used when the decedent was unarmed at the time of a killing. Therefore, because there was no dispute that the decedent was unarmed at the time of the killing, plaintiff argued that the trial court ruling should be affirmed. On the other hand, the defendant argued that the trial court decision should be reversed because Florida law does not specifically bar a defendant from asserting the defense of justifiable homicide if the decedent was unarmed. Rather, the defendant asserted, and the court of appeal agreed, that Florida law provides that justifiable homicide can be used in every instance “when
sides appealed to the 5th Di stri ct Court of Appeal. The appellate court reversed the j concluded that under case law concerni ury awards and ng the impact rule, Hagan and Parker had not establi shed a clai m because neither suffered a physical inj ury. Under a special procedure al appellat e judges sent a certified questi lowed by Florida law, on to the state Supreme Court regarding whether or not the impact rule shoul d be abolished or amended. I: Does the impact rule precl ude a claim by Hagan and Parker for damages for emotional distress caused by the consumption of a foreign substance i n a Coke where they suffered no accompanying physical injuri es? R: The impact rule requires that before a plaintiff may recover damages for emotional distress, the pl must demonstrate that the emoti onal stress suffered flowed from physicali impact. The impact rule, however, does not appl ainti njuri es sustained in an y to cases where a plaintiff suffers emotional di f f stress as a direct resul t of the consumption of a contaminated beverage. A: The court agreed with Hagan and Parker that they should not be barred from recovering damages for emotional distress caused by dri nking a beverage containi ng a foreign substance simpl suffered distress but di d not suffer any additional physi cal inj y because they ury at the time they drank the beverage. The court discussed the impact rul e and noted there exist situati ons where plainti emotional distress wi thout any physicali mpact. Public poli f fs may recover for cy dictates that a cause of acti on for emotional distress caused by the i ngestion of a contaminated food or beverage shoul d be recognized despite the l ack of accompanying physical i njury. The court referred t Supreme Court decision overrul o, and agreed with, a Maine ing a case that had required a plainti f f to demonstrate actual physi manifestati ons of the mental injury. Even though Hagan and Parker did not suffer any physical i cal njuri es as a result of drinki ng the Coke, the court concluded that thei r lack of inj The court reasoned that simpl y coming into contact with a forei contaminated food or beverage consti tuted an impact, and any plainti without any accompanying physi cal inj ury. C: Impact rule does not preclude plaintiffs’ clai uries did not bar recovery. gn substance by consuming a f f who did so could recover m for damages for emotional distress caused by the consumption of a forei gn substance in their beverage. Intermedi ate appell and case remanded