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Torts Keyed to Goldberg
Koffman v. Garnett
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*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. Review the Facts of this case here:
Andrew Koffman, a thirteen year old, joined a football team. Andrew had never played football before. In the beginning of the season, the team’s assistant coach, James Garnett, Defendant, criticized the Andrew’s tackling skills. Thereafter, Defendant demanded that Andrew hold a football and stand straight without moving. Defendant raised Andrew at least two feet off the ground and slammed him down to the ground. Andrew weighed about 144 pounds and the Defendant weighed about 260. Defendant broke Andrew’s arm. Before this incident between Defendant and Andrew, coaches had never used physical force to instruct the players. Andrew’s parents, Richard and Rebecca Koffman (collectively Plaintiffs), individually and on behalf of Andrew, brought suit against Defendant for gross negligence, assault, and battery. The trial court dismissed the complaint, and Plaintiffs appealed.
- 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.