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Contracts Keyed to Knapp
Sherrodd, Inc. v. Morrison-Knudsen Co
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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 was a subcontractor of COP and COP was a subcontractor of Defendant, the general contractor on the project. Plaintiff alleges that Defendant stated that the job would involve excavating 25,000 cubic yards. Plaintiff submitted a bid based on this information. COP and Plaintiff entered into a written contract based on the price in Plaintiff’s bid. Plaintiff discovered that the job would involve more than 25,000 cubic yards, but signed the contract anyway because work had already been started and COP threatened not to compensate Plaintiff for the work that had already been performed. Plaintiff claims COP stated that Plaintiff would receive more than the contract price to compensate for the additional work. COP claims to have only offered to assist Plaintiff with another claim. The contract included a provision that it could not be modified by a verbal agreement.
- 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.