Talmage v smith case brief

Legal Environment Of Business Case Brief

Case Brief Instructions and Grading Rubric

Please note that, unlike the case you have been assigned, the cases in the text

have been stripped down to a fundamental legal issue related to the chapter of

study and do not contain much of the procedural aspects you may find in your

case.

DECIDE ON A FORMAT AND STICK TO IT: Structure is essential to a good

brief. It enables you to arrange systematically the related parts that are scattered

throughout most cases, thus making manageable and understandable what

might otherwise seem to be an endless and unfathomable sea of information.

There are, of course, an unlimited number of formats that can be utilized.

However, it is best to find one that suits your needs and stick to it. Consistency

breeds both efficiency and the security that when called upon you will know

where to look in your brief for the information you are asked to give. Be mindful

that the operative word is “brief”; ideally the case brief should be about one page

in length and never over two pages.

Nevertheless, it is important that a brief contain the following.

TITLE AND VENUE: Identify the case name and citation in the correct format.

RULE OF LAW: A statement of the general principle of law that the case

illustrates in the form of a statement.

Determining the rule of law of a case is a procedure similar to determining the

issue of the case. Avoid being fooled by red herrings; there may be a few rules of

law mentioned in the case excerpt, but usually only one is the rule with which the

judges are most concerned. The techniques used to locate the issue, described

below, may also be utilized to find the rule of law.

FACTS: A synopsis of only the essential relevant facts of the case, i.e. those

bearing upon or leading up to the issue. The facts entry should be a short

statement of the events that led one party to initiate legal proceedings against

another in the first place. While some cases conveniently state the salient facts at

the beginning of the decision, in other instances they will have to be culled from

hiding places throughout the text, even from concurring and dissenting opinions.

Some of the "facts" will often be in dispute and should be so noted. Conflicting

evidence may be briefly pointed up. It is impossible to tell what is relevant until

the entire case is read, as the ultimate determination of the rights and liabilities of

the parties may turn on something buried deep in the opinion. The facts entry

should seldom be longer than five sentences.

ISSUE: A statement of the general legal question answered by or illustrated in

the case (Do not attempt to delve into procedural issues; just focus on the

substantive legal issue). For clarity, the issue is best put in the form of a question

capable of a yes or no answer. In reality, the issue is simply the Concise Rule of

Law put in the form of a question.

The major problem presented in discerning what is the issue in the case is that

an opinion usually purports to raise and answer several questions. However,

except for rare cases, only one such question is really the issue in the case.

Collateral issues not necessary to the resolution of the matter in controversy are

handled by the court by language known as obiter dictum or merely dictum.

While dicta may be included later in the brief, it has no place under the issue

heading.

To find the issue, the student again asks who wants what and then goes on to

ask why did that party succeed or fail in getting it. Once this is determined, the

"why" should be turned into a question.

Since many issues are resolved by a court in coming to a final disposition of a

case, you should focus on the portion of the opinion containing the issue or

issues most relevant to the area of law under scrutiny. A noted law professor

gave this advice: "Look at the case key or head notes”. It is also most important

to remember to read the key or head notes at the beginning of a case to

determine what the editors of the case reporter have gleaned from it.

OPINION AND DECISION: This section should succinctly explain the rationale of

the court in arriving at its decision. In capsulizing the reasoning of the court, it

should always include an application of the general rule or rules of law to the

specific facts of the case. Hidden justifications come to light in this entry; the

reasons for the state of the law, the public policies, the biases and prejudices,

those considerations that influence the justices' thinking and, ultimately, the

outcome of the case. At the end, there should be a short indication of the

disposition or procedural resolution of the case. You may wish to put this portion

of the brief in outline form.

USE OF PRECEDENT: You should relate how the rule of law discernible from

this case compares with that derived from earlier and later cases. Where does

this case fit in the series of cases which has shaped the relevant portion of the

law?

EFFECT ON BUSINESS AND SOCIETY:

You should briefly summarize the

impact and effect that the ruling in the case will have on business and society.

REMEMBER THAT THE OPERATIVE WORD IS “BRIEF”.

Here is a web site on case briefing for those who desire to see examples and learn further intricacies of the process

Here is an example of an erudite and succinct case brief:

Talmage v. Smith, 101 Mich. 370, 45 Am. St. Rep. 414, 59 N.W. 656 (Mich. 1894).

Facts: Talmage (P) and several other children were playing on the roofs of sheds on Smith’s (D) property. Smith ordered the children to get down and threw a stick at one of the boys. The stick missed its intended target and struck Talmage in the eye. Talmage lost all sight in the eye and sued for battery to recover for personal injuries.

Evidence was offered showing that Smith threw the stick intending to frighten (i.e. assault) but not hit a different boy. The trial court entered judgment for Talmage and Smith appealed on the grounds that he did not have the intent to hit Talmage and was therefore not liable for battery.

Issue: If an actor intends to inflict an intentional tort upon one party and accidentally harms a second party, can the actor be held liable to the second party for battery?

Holding and Rule: Yes. If an actor intends to inflict an intentional tort upon one party and accidentally harms a second party, the actor can be held liable to the second party for battery under the doctrine of transferred intent.

If an actor intends an act against a party and that act impacts upon another the actor is liable for the injuries suffered. The fact that the injury resulted to a party other than was intended does not relieve the defendant from responsibility. Smith will not be relieved of liability because he intended to injure someone else.

Disposition: Affirmed.

Effect on Business and Society: The transferred intent torts under common law are: assault, battery, false imprisonment, trespass to land, and trespass to chattels. If an actor has the intent to commit any of the transferred intent torts, the actor will be liable for all other transferred intent torts that result from that act. The actor’s liability extends to all parties harmed, not merely the original intended victim.

natura non facit saltum ita nec lex