What is a case?

o Judicial opinion
o Late stages of lawsuit
o Decision + supporting opinion
Why do we read cases
o Common law system
Imported a lot of the british law system like the common law
system
Case law something the judges pass down through written
decision
Carried as much weight as statute
o Doctrine of Precedent
If a judge is going against a precedent, they will explain why and
it is very important
i.e. Desegretation (Brown v. Board reversed a precendent)
components of a case brief
o Heading
o Facts
o Procedural History
o Issue
o Rule
o Holding
o Judgement
o Rational/Analysis
o Separate opinion(s)
o Notes

Breuing v. American Family Co.

Under facts:
o Who is suing who
o Expert testimony (psychotic diagnosis and allegedly not pre existing)
o Mrs.Veith had an insane delusion that caused her to believe God
was directing her car. Mrs.Veiths vehicle, instead of becoming
airborned as she believed it would, went into oncoming traffic and
collided with plaintiffs. The delusion and resulting accident occurred
becaysed Mrs.Veith suffered from acute paranoid schizophrenic
reaction.
Procedural History
o Bench trial now state supreme court
Issue
o Can insanity ever be a defense and if so when
o Whether insanity can be a defense where the driver is suddenly
overcome without forewarning by a mental disability which

incapacitates her from conforming her conduct to the standards of a

reasonable person.

Rule
o

The question of liability for torts committed by an insane person

depends upon the kind and nature of the insanity
Does the mental illness affect the persons ability to
understand/appreciate the duty of care
Was there an absence or notice or forewarning to the tortfeasor
that she may be subject to a failure to understand appreciate
the duty of care?
Holding
o A sudden mental incapacity equivalent in its effect to such physical
causes as a sudden heart attack, epileptic seizure, stroke, or fainting
should be treated alike and not under the general rule of insanity.
o If someone knows that they are susceptible to seizure, then they
should not drive. Because they knew about it. But the person who has
no history of heart attack and suddenly gets, is found to be not liable.
o In the case at bar, she knew ahead of time that she has delusion but
the delusion came without forewarning
Judgement
o Trials courts judgement in favor of plaintiff affirmed
Rationale
o it is unjust to hold a person responsible for her conduct which she is
incapable of avoiding and which incapability was unkown to her prior
to ther accident

Preclass preparation
o Reach each case twice
o Brief each case
In class note taking
o Listen and dont just type exactly what your professor is saying
o Amend and annotate your case briefs
Post class
o Review and incorporate notes
o Integrate notes into your course outline