ELEMENTS OF CASE BRIEF: 1. Citation Moffitt v Carroll, 640 A.2d 169 (1994) Supreme Court of Delaware

Elements of case brief

1. Citation

a. Name of the parties and whether s/he is the Appellant or the Appellee b. Name of the Court c. Year of the Decision 2. Procedural Posture a. State which party prevailed in the lower court. b. Include how the action came to the current court and any prior judicial history between the parties. 3. Facts a. State the essential facts giving rise to the dispute. b. Do not recite irrelevant information. 4. Issues a. State the issue(s) that the court considered. To the extent the court interpreted a statute or rule, please identify such statute/rule. 5. Rationale a. Explain why and how the court rendered its decision. b. Include any statutes, cases, or other sources of law the court utilized in reaching its opinion. 6. Holding a. What was the court's resolution of the issue(s) before it? QUESTIONS: 1. Do you agree with the court's decision? a. Why or why not? 2. Why did the Court recite the evolution and history of the comparative negligence doctrine in Delaware? a. How is this type of analysis helpful for future litigants?