Write a case brief of the case of Putnam v. Central Montana Medical Center, 

Description

 

 

Write a case brief of the case of Putnam v. Central Montana Medical Center, (which is uploaded in this module) using IFRAC + a final paragraph on how you would have ruled:

  • State the Name of the case – listed on the front of the decision.
  • Issue: State the legal issue(s) in the case. 
  • Facts: Briefly summarize the key facts of the case. Do not simply reproduce the entire set of facts from the opinion, but instead write a concise, summary (divided into paragraphs) explaining the key players and what happened. Include what the trial court decided.
  • Rules: Explain the legal rules the court uses to decide the case. These rules may come from other cases, statutes or treatises.  The rules should be in your own words, not cut and pasted.The rules are usually addressed in Montana Supreme Court cases in the Standard of Review section and the Discussion section.You will find them by looking for case citations after the statement of laws.
  • Analysis: Carefully review the Discussion section here.Note how it is divided up, according to the issues raised.Summarize and explain why the court ruled as it did on each issue, including not just the application of the facts with the legal rules, but also the policy reasons for its ruling. The headings in the cases serve as a good guide to the organization of the court’s arguments.Parallel these to your summary.
  • Conclusion: State the court’s decision clearly and concisely, i.e. this is the answer to the statement of the issues you answered above.
  • Your opinion. Finally, although it is not formally a part of IFRAC, write one brief paragraph about how you would have ruled in this case. Do you agree with the court? Why or why not? Use relevant legal rules to support your argument.

These Issues are usually listed at the beginning of a Montana Supreme Court case.Oftentimes, there are more than one issue. In our case, Putnam v. Central Montana Medical Center, there are two issues on appeal.

In Montana Supreme Court cases, the facts are usually presented at the beginning of the decision under a section entitled Procedural and Factual Background.