Contracts Keyed to Murray
Speckel v. Perkins
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- 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.
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- 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:
Sandra Speckel (Plaintiff) sued Laurri Perkins (Defendant) for damages resulting from a car accident. Plaintiff’s attorney, Stephen Eckman, requested the insurance policy limit of $50,000 to settle the case. A week before the scheduled trial, Defendant’s attorney, Donald Wheat, wrote a letter to Eckman, stating that he could not agree that this is a “limits case.” The letter offered to settle the case for $50,000. Wheat’s letter also offered to relay any offer Eckman may wish to make back to Defendant’s insurance company for its consideration. Eckman accepted the offer to settle for $50,000. Wheat informed Eckman that his letter was intended to offer a settlement for $15,000, not $50,000. The trial court granted Plaintiff’s motion to compel performance of the settlement agreement for $50,000. Defendant appealed.
- 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.