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Business Organizations Keyed to Cox
Tarnowski v. Resop
Citation:51 N.W.2d 801 (1952)
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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:
Plaintiff engaged defendant as his agent to investigate and negotiate for the purchase of a route of coin-operated music machines. Relying upon the advice of defendant, plaintiff purchased a business from Phillip Loechler and Lyle Mayer of Rochester (sellers). Plaintiff alleges that defendant represented to him that he made a thorough investigation of the route. As a matter of fact, defendant had made only a superficial investigation. He also had adopted false representations of the sellers as to the other locations and had passed to them on to plaintiff as his own. Upon discovering the falsity of defendant’s representations and those of the sellers, plaintiff rescinded the sale. The sellers refused to comply, and brought suit against them.
- 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.