Confirm favorite deletion?
Contracts Keyed to Jimenez
First National Bank of Omaha v. Three Dimension Systems Products, Inc.
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. Review the Facts of this case here:
The First National Bank of Omaha (Bank) (plaintiff) entered an agreement with Three Dimension Systems Products, Inc. (3D) (defendant), under which 3D was to make a PC programming software program for the Bank. After 3D conveyed Stage I of the program to the Bank, 3D sent the Bank a receipt for an extra $250,000. 3D likewise educated the Bank that 3D would not be fixing any errors in Stage I after conveyance. The Bank sued 3D for anticipatory breach, contending that 3D had anticipatorily breached by declining to ensure that Stage I would work accurately and by demanding the $250,000. 3D counterclaimed for breach of the agreement and shielded itself on the premise that the Bank had not given 3D a chance to cure the alleged breach. The Bank's proof included records from 3D concerning the 10-day fixing period and the $250,000 receipt. The Bank additionally presented declaration that 3D's president had orally indicated that any Stage I mistakes would not be settled until Stage III or IV, if at all, and that 3D would not proceed onward to the following phase of advancement unless and until the point that the receipt had been paid. The Bank's confirmation additionally proposed that the agreement did not approve the receipt. 3D contended that it would have fixed any errors in the later phases of the project and that its continued performance was not conditioned on the Bank’s payment of the invoice. A jury decided for the Bank, finding that 3D had anticipatorily breached the agreement. Nonetheless, the district court granted 3D's motion for judgment as a matter of law. The Bank appealed.
- 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.