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Contracts Keyed to Calamari
General Credit Corp. v. Imperial Casualty and Indemnity Co.
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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 Plaintiff, General Credit Corp. (the "Plaintiff"), financed and subsequently had a lien (security interest) on two automobiles purchased by the Service Trucking Co. ("Service"). Service purchased an insurance policy from the Defendant, Imperial Casualty and Indemnity Co. (the "Defendant"). The insurance policy included the following provision: "In case the . . . owner shall neglect to pay any premium due . . . the lienholder shall, on demand, pay the same." The two automobiles were inured in a collision and the Plaintiff stipulated that the damage less the deductible was $1839.20. The Defendant alleged that Service failed to pay $1786.86 in premiums on the two policies, and as such, wanted those monies to be set off against any damages the Plaintiff could recover from the Defendant. The trial court awarded the Plaintiff $1786.86 in damages. The Defendant was denied recovery.
- 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.