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Business Associations Keyed to Hamilton
Singer v. Singer
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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 family partnership as well as other partnership contracts of Josaline (P) Production Co. allow its partners to enter into transactions for his or her own separate individual account without the other partners entitled to a claim. At a partnership meeting, an investment opportunity to purchase land with minerals on it was raised, but then deferred. After the meeting, siblings Stanley Singer (D) and Andrea Singer (D) purchased the land through another company without consultation with of the other Josaline (P) partners. Joe Singer (P) who had initially presented the opportunity, demanded to be permitted to buy 50% of the property. Joe Singer (P) was refused, so he and Josaline Production Co. (P) brought suit against Stanley (D) and Andrea Singer (D) claiming breach of fiduciary duty and entitlement to participate in the investment. The trial court ruled in favor of Josaline (P) and ordered that the property be held in a constructive trust for Josaline (P). The appellate court allowed the appeal.
- 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.