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Contracts Keyed to Murphy
Bernstein v. Nemeyer
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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:
Plaintiff and Defendants entered into a partnership agreement when Plaintiffs invested $1,050,000.00 to renovate two apartment buildings in Houston, Texas. As part of the agreement, Defendants, made a negative cash flow guaranty. They promised to lend the partnership any money it required, to cover operating costs, beyond cash receipts. The guaranty was limited in time and scope and the agreement provided that Defendants would get their money back out of the sale of the two buildings. Defendants did not keep their agreement. The partnership could not meet its operating costs, their lenders foreclosed on them, and the parties lost their entire investment. Plaintiffs sued Defendants for breach of contract and restitution. The trial court ruled in favor if Defendants, because the court determined Defendants breach of the guaranty agreement was not material.
- 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.