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Contracts Keyed to Knapp
Normile v. Miller
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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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:
On August 4, Defendant listed a piece of real estate. Normile was shown the property by a real estate broker. Upon seeing the property, Normile and the real estate broker prepared an offer. The offer specified that it must be accepted by 5:00 p.m. on August 5. Defendant received the offer, made several changes, signed and returned the offer to Normile. When the real estate broker presented the counteroffer to Normile, Normile neither accepted nor rejected the counteroffer and indicated that they were going to wait to decide what to do. However, the real estate broker was under the impression that Normile was rejecting the counteroffer based on statements made by Normile. Normile indicated that the increased amount of earnest money and decreased duration of the loan were problematic. On August 5, the same real estate broker went to the home of Segal at approximately 12:30 a.m. At that time Segal signed an offer to purchase the same property with terms very similar to Defendant’s counteroffer. Defendant accepted this offer. At approximately 2:00 p.m., the real estate broker informed Normile that the counteroffer had been revoked by stating “you snooze, you lose; the property has been sold.” Prior to 5:00 p.m. on August 5, Normile initialed Defendant’s counteroffer and delivered it with the earnest money deposit. Normile and Segal filed separate actions, which were consolidated. The trial court granted the Segal’s motion for summary judgment.
- 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.
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