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Commercial Law Keyed to Lopucki
Leal v. Holtvogt
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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.
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- 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 owned and operated a horse barn. They were experienced in training, breeding, boarding, selling and showing horses. Appellees were novices in the breeding industry. They learned the trade from Appellants and upon Appellants’ advice, invested in Appellants’ stallion. The parties entered into a contract for the sale of a one-half interest in the horse that by its terms called for the parties to share equally in the expenses and profits resulting from their joint ownership. Appellants did not disclose to Appellees at the time of the sale that the horse had suffered from chronic lameness. Within several months, Appellees became dissatisfied with the partnership and indicated that they wanted either a refund or of their money or a remedy for their concerns. In the meanwhile, neither party continued payments on the horse’s mortality insurance and it lapsed. Soon after the horse died.
- 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.