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Commercial Law Keyed to Lopucki
Shutze v. Credithrift of America, 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:
Hobart W. Gentry, Jr. and Georgia C. Gentry owned a residence subject to the lien of a deed of trust. Deposit Guaranty Mortgage Company was the beneficiary of this lien. Deposit Guaranty Mortgage Company held a valid and perfected first lien and security interest in the property. The Gentrys negotiated a second mortgage with Respondent. The Gentry’s executed and delivered a second deed of trust conveying a security interest in the property to a trustee for the benefit of Respondent. The deed of trust contained a “dragnet clause” securing future advances. Three years later, Petitioner obtained a judgment against Howard W. Gentry, Jr. Eleven months later, Respondent made a future advance to the Gentrys. The parties dispute their respective rights in terms of priority with regard to Respondent’s future advance made after Petitioner perfected his judgment lien.
- 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.