Wrongful Death Lawsuit

A. What is the question on appeal in this case? Students should phrase the issue of the case in the form of one or two brief statements (e.g., the issue is whether or not a woman’s right to privacy allows her to have an abortion).
B. What are the facts of the case? – These should be summarized in clear, concise, chronological statements and be numerically ordered. Only the major facts, important to the issues in the case, should be included.
C. What specific evidence did the plaintiff present in the lower court, i.e., what specific facts were put forward to be considered by the lower court?
D. What specific evidence that the defendant present in the lower court, i.e. What specific facts will put forward to be considered by the lower court?
E. What is the holding by Justice Ira Gammerman in the appealed case – include whether the appellate court affirmed or denied the appeal?
F. Was there a legal theory upon which the court made its holding?
G. How did Justice Ira Gammerman reason to come to the decision?
H. What important facts of the case did Justice Ira Gammerman reference in making its decision?
I. What was the dissenting opinion of Judge Rosenberger, i.e. what specific facts or theory does he base his dissenting opinion.
J. Do you agree with the holding or the dissent – be specific?