Confirm favorite deletion?
Civil Procedure Keyed to Silberman
Herendeen v. Champion International Corp.
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. Review the Facts of this case here:
James Herendeen (plaintiff) was a paper sales representative for Nationwide Papers Incorporated (Nationwide) (defendant). On May 15, 1969, Herendeen surrendered from his position in dependence on a guarantee from his boss that he would get another, written work contract and keep on receiving his benefits. At the point when Herendeen did not get another agreement, he acquired suit to state court against U.S. Plywood-Champion Papers, Inc. (Champion) (defendant) and Nationwide, its subsidiary, claiming that the defendants had looked to swindle him of his benefits. Herendeen sought as damages $200,000 in lost commissions and $75,000 in lost pension benefits. The state court found that the complaint was charged on an unenforceable, oral contract to agree and, in this way, dismissed the case for Herendeen's failure to state a claim upon which relief could be granted. The state court did not achieve the issue of damages. Herendeen later sued Champion, Nationwide, and the trustees and heads of his annuity design (defendants). Herendeen tried to get payments he guaranteed he was entitled to under the directions of his pension plan. The district court dismissed his case on the ground of res judicata. Herendeen appealed.
- 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.