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Business Associations Keyed to Hamilton
Rapoport v. 55 Perry Co.
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- 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.
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- 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 Rapoport (P) family entered into a partnership with the Parnes (D) family, creating 55 Perry Co. One of the provisions stated that, “No partner… shall have the authority… to sell, transfer, assign… his or her share in the firm… unless the same is agreed to in writing by a majority of partners… except for members of his immediate family who have attained majority, in which case no such consent shall be required,”. The Rapoport (P) family assigned a 10% interest to their adult children. The Parnes (D) family was consulted and the certificate of the partnership amended to include the 10% interest assigned. However, when the Rapoport’s (P) wanted to amend the certificate to also include their adult children as partners, the Parnes (D) refused. The Rapoport’s (P) filed suit contending that they had the right to assign interest to and make partners out of their adult children without the Parnes’ (D) consent. Both parties made a motion for summary judgment. The trial court found the agreement ambiguous, denied the motions, and stated that there was a triable issue of fact. The appellate court reviewed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.