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Business Associations Keyed to Hamilton
National Biscuit Company v. Stroud
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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:
Stroud (D) and Freeman sold groceries together under a partnership called Stroud’s Food Center of which they apparently had equal right to manage. The National Biscuit Company (P) occasionally sold bread to the partnership. National (P) eventually received notification that Stroud (D) would not be responsible for any more bread sold to the food center. At Freeman’s request however, National (P) delivered an additional $171.04 worth of bread. Stroud (D) and Freeman dissolved their partnership the day of this last delivery. Stroud (D) received most of the partnership’s assets which he liquidated to discharge its liabilities. National (P) never received payment for the bread and sued Stroud (D). Stroud (D) contended that he should have no liability, as his notice denying responsibility for further deliveries relieves him of obligation to pay. The trial court found in favor of National (P). Stroud (D) 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.