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Commercial Law Keyed to Lopucki
Murray v. Holiday Rambler, 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:
Plaintiff purchased a motor home from the Defendant. The sales contract excluded all express or implied warranties and that there were no warranties of merchantability or fitness for a particular purpose. Plaintiff experienced many problems with the motor home including problems with the lights and battery of the vehicle when he took possession and even though repairs were made problems continued with the lights and the battery. There also was an exposed wire coming from the main electrical panel. The original gas tank and the auxiliary gas tank were improperly vented. There were also problems with the air suspension system and Plaintiff experienced problems with the brakes. Defendant repaired some of the problems, and some were fixed by the Plaintiff. The jury awarded the Plaintiff, $2,500.00 for loss of use of the motor home from the date of revocation of acceptance to the trial.
- 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.