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Contracts Keyed to Dawson
Homer v. Shaw
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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:
Lancaster later told Defendant that his finances rendered him unable to complete the project. The parties met and agreed that Lancaster would complete the work and Defendant would pay the debts Lancaster already incurred and advance the money needed for future labor and material, plus pay him $25/week until the job was complete. An auditor found the new agreement between Lancaster and Defendant to be a rescission of the original contract and substitution of new one, and that the rights of the Plaintiff under his assignment did not extend to the sums payable to Lancaster after that date. The Plaintiff alleged that Lancaster had completed the work, and asked for rulings that the new contract was merely a change in terms of payment, that Defendant owed no duty to pay Lancaster’s employees, and that after accepting the assignment Defendant could not deprive Plaintiff of his rights under it. The trial judge refused these rulings and gave judgment for the Defendant.
- 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.