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Koutsogiannis v. BB&T
Citation:
616 S.E.2d 425 (2005)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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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:
In July 1996, respondent financed the purchase of a car with a loan from BB&T. In May 1999, respondent made a full cash payment for the month, but the payment was improperly entered as a partial payment. Based on BB&T’s own error, it began collection efforts against respondent. When respective attorney could not reach a final agreement, BB&T commenced his action. Meanwhile, respondent lost the real estate deal due to BB&T’s credit reporting error. After the deal was lost, negotiations ceased between the two attorneys and respondent filed counterclaims of libel, conversion, breach of contract and gross negligence against BB&T. At trial, respondent sought to recover damages from BB&T based on BB&T’s misconduct in handing the loan matter and vicarious liability for attorney’s misconduct in attempting to collect the debt. BB&T requested a charge on the law of independent contractor.
- 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.
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