Confirm favorite deletion?
Torts Keyed to Franklin
Negri v. Stop and Shop, Inc.
Facts
Plaintiff fell in Defendant’s store and struck her head on the floor. Plaintiff sued, claiming that there were several jars of broken baby food on the floor of the aisle where she fell and that they were dirty and messy, indicating they’d been broken for some time. Evidence at trial showed that a witness had not heard the sound of any jars falling or breaking in the 15-20 minutes prior to Plaintiff’s fall and that the aisle had not been inspected for at least 50 minutes and possibly as long as two hours before the fall. Plaintiff claimed that Defendant had constructive notice of a dangerous condition that injured its customers and did nothing to remedy it. The trial court found for Plaintiff, the appellate division reversed, and Plaintiff appealed.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.