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Contracts Keyed to Calamari
Swartz v. War Memorial Commission of Rochester
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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, Swartz (the "Plaintiff"), entered into a contract with the Defendant, War Memorial Commission of Rochester (the "Defendant"), for the right to exclusively provide food and refreshments at the Defendant's sports arena. At the time of the contract, the Defendant did not allow for the sale of beer and ale in the arena, but if at some time in the future the ban was lifted the Plaintiff would have the right to make such sales. On November 15, 1965, the Defendant lifted the ban on the sale of beer, but the Plaintiff chose not to sell alcoholic beverages. One provision of the contract required the Plaintiff to obtain all necessary permits or licenses. On November 30, 1965, the Defendant issued an ultimatum and told the Plaintiff if they did not make an application to sell beer and ale within 30 days, the Plaintiff would not be allowed to sell anymore concessions in the building. The Plaintiff brought an action for declaratory judgment to clarify his rights under the contract.
- 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.