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Contracts Keyed to Epstein
Alderman v. Davidson
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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:
Plaintiff contracted for the sale of property with Defendant where Defendant would pay for the property in installments. Defendant was also required to pay for taxes and send the receipts to Plaintiff. The contract provided that Plaintiff could commence foreclosure proceedings if Defendant defaulted. Defendant frequently sent payments to Plaintiff late and Plaintiff accepted them. Additionally, Defendant failed to pay taxes for the years of 1990, 1991, 1992, and 1993, and therefore did not send receipts to Plaintiff. In January 1994, Plaintiff sent a letter to Defendant indicating that Defendant was in default on the installment payments and tax payments, but Defendant never got the letter. Meanwhile, between January and May 1994, Defendant sent four installment payments to Plaintiff and Plaintiff’s escrow agent accepted those payments on Plaintiff’s behalf. Later in May 1994, Plaintiff commenced foreclosure proceedings.
- 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.