Contracts Keyed to George
Davis v. G.N. Mortgage Corp.
Illinois residents Thomas and Cathy Davis (plaintiff) documented suit in federal court against G.N. Home loan Corporation (G.N.) (defendant), and others, for breach of agreement identified with a mortgage contract the Davises had gone into with G.N. at the loan closing, the Davises asserted Patricia Bogdanovich (defendant), an agent of the title insurance agency, furnished them with two piles of documents accepted to be indistinguishable and containing a two-year prepayment penalty. The Davises signed one set of documents and held an unsigned set for their records. From that point, G.N. sold the Davises' mortgage to Countrywide Home Loans, Inc. (Countrywide) (defendant), which educated the Davises that a five-year prepayment penalty period applied to their mortgage, not a two-year time frame. The district court granted defendants' motion for summary judgment. The Davises appealed.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.
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.