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Commercial Law Keyed to Lopucki
In re Oriental Rug Warehouse Club, Inc
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- 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:
Petitioner sells rugs and carpets at retail. Petitioner and Respondent entered into a “consignment agreement” whereby Petitioner took possession of Respondent’s rugs to resell them. In exchange, Petitioner agreed to pay a sum of money to Respondent and use the proceeds from the sale of the rugs to pay down its outstanding debt. Petitioner defaulted on that agreement. Respondent’s brother then repossessed the rugs that were supplied by Respondent. Petitioner took the proceeds from the sale into its general checking account and used funds from the account to purchase additional rugs. Petitioner filed for bankruptcy. Respondent filed a proof of secured claim in the amount of $64,243 representing the outstanding debt minus the value of the repossessed rugs. Petitioner objects.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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