Case Brief: McIntyre vs. Balentine and Tort Laws



Case Brief: McIntyre vs. Balentine and Tort Laws

“Harry McIntyre” vs. “Clifford Balentine” case refers to the basic tort law, which is relatively different from criminal law. The scenarios and causes related to tort law may include deliberate torts, like physical attack and deliberate infliction of emotional anguish. These torts entail circumstances where one person deliberately coordinates another person in an offensive and harmful manner, which causes another person fear and emotional distress. In some conditions, it can be unintentionally, as well, such as, in the cause of self-defense (Best & Barnes, 2007).

Particularly, the case of “Harry McIntyre” and “Clifford Balentine” refers to accidental and unplanned torts of irresponsible conduct and negligent, in which one person recklessly injured another. The injured person can get well and recuperate damages if the reckless person had a responsibility of care to the injured person or abortive to be considerably careful, and the reckless person's conduct caused the wounded person injury or damage (Best & Barnes, 2007).

Analysis of the assigned judicial opinions

Judicial opinions are also known as legal decisions, legal opinion, legal cases, and documented decisions authorized by judicial scholars, judges, and legal experts. In judicial opinions, they describe the process of resolving a legal case, conflict or dispute, with their reasoning and proofs. It also illustrates the complete story of the case, its background and its significance. Majority judicial opinions follow an easy strategy that would seem unusual at the initial level. “The Caption” is the first part of the strategy. It signifies the title of the case, like “McIntyre vs. Balentine.” In majority cases, the caption shows the s of the both parties involved in the case. “The case citation” is the second part, it tells the name of the court that verdict the case, the legal book which published the case, and also the year in which the court verdict the case. For instance, “Supreme Court of Tennessee, 833 S.W.2d 52 (Tenn. 1992)” refers to a Tennessee Supreme Court case decided in 1992 that appears in Volume 833. “The Author of the Opinion” is the next part, which provides information about the name of the judge, who created the opinion. In majority cases, it simply states initial “J” and it stands for “Judge” or “Justice”, depending on the court. Other important segments include the facts of the case, the law of the case, the disposition, and agreeing and / or rebellious opinions. The most important segment of the judicial opinion entails a comprehensive understanding of the facts and proofs, an understanding of the conflicts and arguments presented by each party, the potential influence and scope of the court's decision, and the historical and practical reason (Kerr, 2005).

Case Brief: McIntyre vs. Balentine - 833 S.W.2d 52 (Tenn. 1992)

In this case, the applicant “Harry McIntyre” and “Clifford Balentine (defendant)” were involved in a car accident. The unintentional accident resulted in the damages to McIntyre. Balentine was driving south in the highway and McIntyre also entered highway ...