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Lupien v. Malsbenden
Citation:477 A.2d 746 (1984)
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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.
- 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:
On March 5, 1980, plaintiff entered into a written agreement with Stephen Cragin, doing business in the town as York Motor Mart for the construction of Bradley automobile. Plaintiff made a deposit of $500 towards the purchase price of $8,020. Both the purchase order and a later bill of sale, though signed by Cragin, identified the seller as York Motor Mart. After he signed the contract, plaintiff made visits to York Motor Mart on an average of once or twice a week to check on the progress being made on his car. During those visits, plaintiff generally dealt with Malsbenden. When it was discovered that the demo model of the Bradley belonged to a third person who had entrusted it to York Motor Mart for resale, Malsbenden purchased the vehicle for plaintiff’s use.
- 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.