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Conflicts Keyed to Currie
Bernkrant v. Fowler
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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:
Granrud was a vendor of Nevada land who asked Bernkrant (Plaintiff) and the other purchasers to refinance their obligations and to pay a significant part of their indebtedness prior to the due date. He made an oral promise that if Plaintiff and the others did this he would provide by will that any part of the purchase price still unpaid at his death would be cancelled. Plaintiff and the others agreed to the request. The vendor died with approximately $6,000 of the purchase money unpaid, but his will made no provision for the debt’s cancellation. The purchasers brought an action in California against Fowler (Defendant), the vendor’s executor, to enforce the oral agreement. Under Nevada law where the agreement was transacted, an oral contract such as this is valid. However, under California law, such a transaction is only valid if written. The trial court gave judgment for Fowler (Defendant) and Bernkrant (Plaintiff) appealed.
- 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.