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Contracts Keyed to Murphy
Fiege v. Boehme
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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:
A suit was brought by the Plaintiff against the Defendant to recover for breach of a contract to pay expenses incident to the birth of Defendant’s bastard child and to provide for its support upon condition that Plaintif would refrain from prosecuting Defendant for bastardy. In January of 1951, around midnight Plaintiff and Defendant procreated. Defendant contends he never had sex with Plaintiff. In September of 1951 the child was born and payments began. Defendant was supposed to pay the medical expenses and loss of salary because of childbirth and $10 per week until the child reached the age of 21. From September of 1951 to May of 1953 the payments totaled around $480. In May of 1953, the Defendant took a blood test showing that he could not have fathered the child. He stops payment. Plaintiff filed bastardy charges. In September of 1953 the bastardy charges proceedings begin. The criminal case is settled one month later in October of 1953. The Defendant claims the contract is unenforceable because the forbearance to bring a bastardly suit is based on an invalid claim and the contract is without consideration.
- 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.