Confirm favorite deletion?
Civil Procedure Keyed to Field
American Machine & Metals, Inc. v. De Bothezat Impeller Co.
Facts
Plaintiff entered into a contract with Defendant under which it would use Defendant’s patent rights and equipment to manufacture fans and other ventilation products in exchange for a portion of the profit. Plaintiff had a right to terminate under the contract, at which point the patent rights and trade name would once again be held by Defendant. Plaintiff expressed a desire to terminate the contract but to continue to manufacture fans and ventilating equipment. Defendant responded by threatening to sue Plaintiff if Plaintiff terminated the contract and then did not cease to manufacture and sell such equipment. Plaintiff brought an action seeking a declaration that the contract did not prevent Plaintiff from continuing to manufacture ventilating equipment after termination of the contract. Defendant moved to dismiss, claiming that the complaint did not show an actual controversy. The trial court granted the motion and Plaintiff appealed.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.