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Contracts Keyed to Calamari
Azevedo v. Minister
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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, J.L. Azevedo (the "Appellant"), is a rancher who buys and sells hay. The Respondent, Bolton F. Minister (the "Respondent") operates a ranch at which he "raises and sells large quantities of hay." The parties began negotiating in November of 1967 about a purchase and sale of hay. The parties agreed over the phone that the Appellant would pay the Respondent $26.50 per ton for first and second cuttings of hay and $28 per ton for third cuttings of hay. The parties opened an escrow account. The parties do not agree on how many tons the Appellant agreed to by from the Respondent. The Respondent alleges it was 1500 tons and the Appellant alleges the parties never agreed to a quantity. The Appellant deposited $20,000 into an escrow account soon after the parties' telephone conversations. The Respondent provided the Appellant with periodic accountings commencing on December 4, 1967 and continuing until March 1969, which "specified the dates the hay was hauled, names of truckers, bale count, and weight." At some point, the escrow account was depleted, and the Respondent refused to ship any more hay. Shortly thereafter, the Appellant refused to buy any more hay and this action was commenced.
- 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.