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Business Associations Keyed to Hamilton
Summers v. Dooley
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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:
Summers (P) and Dooley (D) had a partnership in trash collection. Both men operated the business personally. When one of them was unable to work, the non-working partner hired a replacement at this own expense. Dooley (D) could not work, so Summers (P) at his own expense hired a replacement for Dooley (D) Four years later, Summers (P) wanted to hire another employee, but Dooley (D) refused. Without Dooley (D), Summers (P) hired another person and paid that person out of pocket. Dooley (D) refused to pay for this person out of partnership funds. Summers (P) filed an action against Dooley (D) for reimbursement of the $11,000 used to hire the new person. Summers (P) also kept the new person employed. Dooley (D) argues that Summers (P) should not be reimbursed since the majority of partners did not agree to the hiring. The trail court denied Summers’ (P) claim, and he filed an 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.