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Civil Procedure Keyed to Friedenthal
J.F. White Contracting Co. v. New England Tank Industries of New Hampshire, Inc
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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:
The Appellant and the Appellee, the New England Tank Industries of New Hampshire, Inc. (Appellee), entered into a contract to build an oil tanker dock facilities on the Piscataqua River. The Appellee, the owner of the premises sued the Appellant for defective workmanship concerning four cylindrical metal cells. A jury trial held for the Appellee in the amount of $20,000. The Appellant appealed, asserting that the recovery was barred by a contract provision that stipulated the approval of invoices by the Appellee’s engineer was final, conclusive, and binding on both parties. The Appellant further asserted that it was error to have allowed the question of one of the cells being “out of round” to go to the jury. A ship in the process of installation had damaged the cell in question and the Appellant repaired it.
- 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.