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Contracts Keyed to Dawson
Joseph Martin, Jr., Delicatessen, Inc. v. Schumacher
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- 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 Defendant, Schumacher (Defendant), leased a retail location to the Plaintiff, Joseph Martin, Jr., Delicatessen, Inc. (Plaintiff), for a term of five-years, on a graduated rent scale. Within the lease agreement was a renewal clause, which allowed for future rent, “to be agreed upon.” The Plaintiff desired to renew its lease, but the landlord would not agree upon a reasonable rent. Plaintiff brought suit for specific performance, to compel its landlord to extend the lease at a reasonable rate. At the trial level, the Defendant prevailed with a finding that no definite agreement to renew exists, if the parties could not agree upon the terms. The Plaintiff prevailed at the appellate level and the Defendant appealed to the Court of Appeals.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.