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Commercial Law Keyed to Lopucki
Clark v. West
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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:
Plaintiff and Defendant entered into a contract for the Plaintiff to write a series of law books. After the Plaintiff wrote “Clark & Marshall on Corporations” the parties had a disagreement. The contract had a clause that the Plaintiff agrees to abstain from the use of intoxicating liquors during the continuance of the contract and payment is dependent on the faithful performance of this condition and others to the contract. The Plaintiff was to be paid $6.00 a page if he did not drink and $2.00 if he did not comply with the condition. While Plaintiff was writing, the Defendant assures him that strict compliance to this condition is not necessary. Plaintiff started drinking and Defendant refused to pay him. Plaintiff’s complaint alleges that he is due $2.00 per page for the work completed but Defendant refused to pay him. Plaintiff’s breach of contract claim alleged that Defendant took out a copyright on Plaintiff’s work on corporations in the name of a publishing company, whi ch had no relation to the contract and the relief asked for that the copyright be transferred to the Plaintiff or that he discover its value. Plaintiff claimed that Defendant broke the contract by causing the book to be copyrighted in the name of the corporation, which was not a party to the contract and brought this action to recover what he claims to be due to him. Defendant brought a Motion to Dismiss on the ground that it did not state facts sufficient to constitute a cause of action. The Special Term overruled the Motion to Dismiss, but the Appellate Division reversed the decision and the motion was sustained.
- 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.