Commercial Law Keyed to Lopucki
DBA Enterprises, Inc. v. Findlay
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:
Appellants sold their franchise to Appellees. As part of the sales contract, Appellants agreed to a covenant not to compete and Appellees agreed to pay $72,500, part of which they paid by a promissory note. The promissory note contained the following statement, “Maker’s obligation under this note is subject to the conditions recited in that Bill of Sale and Covenants not to Compete between the parties of even date.” The contract itself was silent as to the terms of the promissory note. Sometime after the sale, Appellants violated the covenant not to compete and Appellees brought suit requesting among other things, cancellation of the promissory note. Appellants counterclaimed on the promissory note, which had an outstanding balance, accrued interest, and a provision for attorney fees. The trial court found that Appellants had failed to establish the promissory note claim by a preponderance of the evidence.
- 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.