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Torts Keyed to Goldberg
Leffler v. Sharp
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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:
Walter Leffler, Plaintiff, and some coworkers went out to gamble and drink. By the end of the night, Plaintiff and his coworkers went to the Quarter Inn. Quarter Inn is a restaurant and bar that Kim Free owned and operated. Quarter Inn was located on the second floor of a building owned by Sharp Enterprises, which was owned by Harry Sharp.At a certain moment, while at Quarter Inn, Plaintiff left to get away from the noise and heat. When Plaintiff was outside, he spied through an open window nearly three feet above the floor. Specifically, the window was 24 inches long and 32 inches wide. Through the window, the Plaintiff was able to see a couple of people on the adjacent rooftop. Also, there was a nearby glass door, which led to the rooftop, that was locked and stenciled “NOT AN EXIT.” Plaintiff went through the window and to the rooftop. When he was walking on the rooftop, Plaintiff fell through the roof, causing him serious injuries. This particular area was previously a terrace, but was closed off because it was not safe. Plaintiff sued Free, individually and d/b/a Quarter Inn, and Sharp in a Mississippi state court. Free and Sharp both filed motions for summary judgment on the ground that Plaintiff was a trespasser when he was on the rooftop. Plaintiff contended that, under these circumstances, he was an invitee or a licensee. The trial court granted summary judgment to Sharp and Free, and Plaintiff 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.