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Contracts Keyed to Calamari
Speelman v. Pascal
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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:
The Appellant, Valerie Pascal (the "Appellant") is the Administratrix of J. Gabriel Pascal's ("Mr. Pascal") will. Mr. Pascal who died in 1954, was a theatrical producer. In 1952, a corporation controlled by Mr. Pascal obtained the rights to produce a version of "Pygmalion" as a musical play and as a motion picture from George Bernard Shaw ("Mr. Shaw"). The agreement required Mr. Pascal's corporate to pay 3% of the gross receipts of the musical play and musical movie to Mr. Shaw's estate. Mr. Pascal could not complete the entire production of "Pygmalion" prior to his death. Prior to his death, on February 22, 1954, Mr. Pascal assigned in writing a percentage of the profits earned on "Pygmalion" to his Executive Secretary. This letter was delivered to the Executive Secretary.
- 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.