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Read, WRITE UP a short brief that covers the: 1. facts, 2. issue, 3. holding, 4. the conclusion of the court, e.g., which party prevailed, 5. the amount of damages received – how much was compensatory, punitive, etc., any reductions taken at the appellate level. Please DO note if more than one (1) tort was alleged. Finally, 6. note one (1) thing you found most interesting about the case. Please do NOT copy/paste! That is plagiarism. Points earned are on your own merit – original work only!

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As you are reading, simply take notes over what details you need. Please TYPE them up for turn in and be ready to discuss them.

Remember, the holding is NOT: “the Court affirmed,” or “disaffirmed” OR “upheld” or “remanded to” the lower court.” Rather it answers the issue.

For example, the issue is “Whether or not XYZ is constitutional under the 1st Amendment?” HOLDING: “The 1896 U.S. Supreme Court held that the “Separate but Equal Doctrine” was constitutional.”

To recover for strict liability in tort, the injured party must first show that the product that caused the injury was somehow defective (unreasonably dangerous). The most common types of defects are defects in manufacturedesign, and packaging and failure to warn.

 

 

 

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