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Business Associations Keyed to Hamilton
Kus v. Irving
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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:
Kus (Plaintiff) brought suit against his attorney Irving (Defendant), who was a partner in a limited liability partnership law firm with Dubicki (Defendant) and Camassar (Defendant). Kus (Plaintiff) claimed that Irving (Defendant) was guilty of various acts of misconduct, and Kus (Plaintiff) also named Dubicki (Defendant) and Camassar (Defendant) in the action. Dubicki (Defendant) and Camassar (Defendant) moved for summary judgment, on the grounds that they had no personal knowledge of the dealings between Irving (Defendant) and Kus (Plaintiff), did not benefit from Irving’s (Defendant) misconduct, did not supervise or use control over Irving (Defendant), and were protected from liability by the state’s limited liability partnership statute, which stated that “a partner in a registered limited liability partnership is not liable directly or indirectly . . . for any debts, obligations and liabilities . . . chargeable to the partnership or another partner or partners . . . arising in the course of the partnership business while the partnership is a registered limited liability partnership” unless such liability is based on his own negligence, wrongful acts or misconduct, or that of any individual under his direct supervision and control.
- 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.