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Business Associations Keyed to Hamilton
Meinhard v. Salmon
CaseCast™ – "What you need to know"
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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:
Geery leased to Salmon (D) a New York hotel on Fifth Avenue for twenty years. Meinhard (P) entered into a joint venture with Salmon (D), contributing money while Salmon (D) ran the enterprise. Near the end of the lease, Gerry, who owned the hotel and adjacent property, wanted to destroy all the buildings to construct one large building. Gerry couldn’t find a new lease to agree to this. Instead, he approached Salmon (D) with the plan when there was less than four months left on Salmon’s (D) joint lease with Meinhard (P). Salmon (D) ended up with a twenty year lease to own and control Midpoint Realty Company. Meinhard (P) was never informed of any of this. When he learned of it, Meinhard (P) demanded Salmon (D) hold the lease in a trust as an asset to the venture, but was refused. The following action awarded Meinhard (P) a 25% interest in the lease, one-half of his value in the hotel lease proportionate to the new lease, this was increased to 50% on appeal. Salmon (D) appealed stating he hadn’t breached duty to Meinhard (P).
- 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.