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Torts Keyed to Duncan
Safeco Insur. Co. v. Mobile Power and Light Co., Inc.
Citation:810 So.2d 756 (Ala. 2001)
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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:
After a fire in 1994 heavily damaged their home, Audrey and Brenda Loyd hired Mobile Power and Light Company, Inc. (defendant) to repair the electrical system. A second fire started in the panel box and damaged the Loyds home in early 1996, after which the Loyds hired a different company to repair the electrical system, which involved replacing a fused disconnect. After a second fire in August 1996, the Loyds and their insurance company, Safeco Insurance Company (plaintiff), sued the defendant for negligently repairing the electrical wiring and causing the August 1996 fire. The defendant filed a motion for summary judgment after submitting evidence that its work on the Loyds house had conformed to the National Electrical Code and passed multiple inspections.
- 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.