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Commercial Law Keyed to Lopucki
Hyland v. First USA Bank
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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:
Defendant issued Plaintiffs a credit card. Plaintiffs used the credit card to purchase an oriental carpet while vacationing in Greece. Plaintiffs relied on the Greek merchant’s express warranties in purchasing the carpet. Upon returning the United States, Plaintiffs discovered the warranties were false. Plaintiffs contacted Defendant. Defendant promised to help and requested that Plaintiffs return the carpet to the merchant and provide a return receipt. Plaintiffs mailed the carpet to Greece where it was intercepted by Greek Customs and held pending the payment of a $1,240 duty. Plaintiffs notified Defendant that they would not pay the duty and would hold Defendant responsible for the loss of the carpet. The carpet was confiscated by customs. Defendant then refused to provide protection because the purchase was made outside of the United States.
- 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.