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Contracts Keyed to Calamari
Ballard v. El Dorado Tire 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, Bill L. Ballard (the "Plaintiff"), entered into an employment contract with the Defendant, El Dorado Tire Co. (the "Defendant"), on May 31, 1969. The Defendant owned a substantial interest in a Florida subsidiary. The Plaintiff was entitled to $18,000 per year in salary, a commission of 1% on his gross sales, and "a credit towards the purchase of stock in the Florida Subsidiary company." Up to 20% of the stock. The Defendant sold all 31,000 shares of the stock in the Florida Subsidiary that it owned to a man name Dodenhoff. Subsequent to the sale, on October 19, 1971, the Plaintiff filed suit to establish his rights under the contract. Dodenhoff considered the Plaintiff's filing of suit a "breach of their contract" and a "voluntary resignation." The District Court refused to mitigate the Plaintiff's damages by what he could have earned if employed by another company.
- 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.