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Merola v. Exergen Corp.
Citation:668 N.E.2d 351 (1996)
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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.
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- 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:
Exergen was formed as a corporation in the business of developing and selling infrared heat detection devices. From Exergen’s inception, Pompei, the founder, was the majority shareholder in the corporation, as well as its president, owning over sixty percent of the shares issued. At all relevant times, Pompei actively participated in and controlled the management of Exergen and, as the majority shareholder, had power to elect and change Exergen’s board of directors. The plaintiff began working for Exergen on a part-time basis while he was also employed full-time by Analogic Corporation. As of March 1, 1982, plaintiff resigned from Analogic and began working full time for Exergen. He also began purchasing shares in Exergen.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
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- Policy: Identifies the Policy if any that has been established by the case.
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