Contracts Keyed to Dawson
East Providence Credit Union v. Geremia
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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.
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- 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 mortgage contained a clause that obligated the Defendants to maintain insurance on the wagon, but Mr. Geremia was sick and the Defendants were unable to pay their installment loan or the insurance. Mrs. Geremia explained the situation to the Plaintiff’s employee, and the Plaintiff agreed to pay the overdue insurance premium. Pursuant to the mortgage terms, the premium would then be added to the balance owed by the Defendants. Two months after the Plaintiff agreed to pay the premium, there was a mishap and the wagon was destroyed. The insurance company refused to pay for the loss because the Plaintiff had never paid the premium. The outstanding balance on the loan was $987.89, the Plaintiff applied $200 of Defendants’ savings shares and brought suit to recover $779.53 from the Defendants. The Defendants counterclaimed for their $200 back. The superior court dismissed the Plaintiff’s complaint and found for the Defendants on their counterclaim.
- 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.