- ASSUME we are in a jurisdiction with a contributory negligence rule.
- FURTHER ASSUME that the record shows that the finder of fact actually decided each of the eight bullet-point issues below.
- For each of the eight issues actually decided, ask, going issue-by-issue: if the outcome of that issue were reversed, would the result of the judgment change?
- If the answer to this question is “yes,” then the issue is essential to the judgment.
- If the answer to this question is “no,” the the issue is not essential to the judgment.
- The answers are provided via bold. Boldface indicates that the issue was essential to the judgment. Non-boldface means the issue was not essential to the judgment.
|A. Judgment: plaintiff loses
This is like Cambria; see also nn. 3-5 in CB after Cambria
|B. Judgment: plaintiff loses
See n. 9 in CB after Cambria
|C. Judgment: plaintiff wins
See n. 6 in CB after Cambria
|D. Judgment: plaintiff loses
See n. 7 in CB after Cambria
Updated Apr. 22, 2015 (expanding explanations, adding color)