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Business Associations Keyed to Hamilton
Matter of Auer v. Dressel
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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:
The Stockholders of Hoe & Co. Inc. (P) sought a special stockholder’s meeting after more than 50 percent of the required voting class compelled the President (D) to call for one. The President (D) refused claiming he didn’t have the information to verify authenticity of the required number. He also claimed the meeting was improper, and did not follow four stated purposes for meetings. (1) a purpose for reinstating the former president, (2) a purpose to amend the by laws so that vacancy on the board be filled up only by those stockholders that director represented, (3) to vote upon charges against four specific directors, (4) to amend the by laws regarding the number of directors needed for a quorum. The court ordered the President (D) to call the meeting, and he subsequently 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.