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Contracts Keyed to Murphy
Marchiondo v. Scheck
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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:
The Defendant, Scheck (Defendant), made a written offer to sell property to a prospective buyer and to pay a commission to the broker of the sale. When he made the offer, the Defendant gave a six-day time period for acceptance. Before the sixth day, Defendant revoked his offer in writing. However, the Plaintiff, Marchiondo (Plaintiff), had already begun to perform on Defendant’s offer, by communicating the offer to its clients, who accepted Defendants offer on the same day it attempted to revoke said offer. Plaintiff brought suit herein to recover his broker’s fees, based on performance he rendered in reliance of Defendant’s offer. The trial court dismissed the matter, stating Plaintiff had not performed, based on the theory that a principal has a right to revoke a broker’s agency any time before the broker procures a purchaser. The Plaintiff appealed, based on the theory of partial performance.
- 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.