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Contracts Keyed to Dawson
Brower v. Gateway 2000, Inc.246 A.D.2d 246 (Supreme Court of New York, Appellate Division, 1998)
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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:
Appellants sought compensatory and punitive damages for breach of warranty and contract, fraud, unfair trade practices, and Defendant’s false advertising that service was available around the clock. Defendant enclosed an Agreement in every box that stated that the consumer accepted its terms by keeping the computer 30 days. Section 10, entitled “DISPUTE RESOLUTION,” stated that any claim would be settled in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce (ICC). Further, the location of the arbitration would be Chicago, Illinois. The IAS court dismissed the complaint based on the arbitration clause.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.