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Contracts Keyed to Murray
First Baptist Church of Moultrie v. Barber Contracting 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:
First Baptist Church of Moultrie (Plaintiff) was soliciting bids for a construction project. Each bid had to be accompanied by a bid bond amounting to 5% of the bid. Barber Contracting Company (Defendant) submitted a bid for $1,860,000 with a 5% bond of $93,000. Plaintiff awarded Defendant the contract on May 15, 1986. On May 16, 1986, Defendant informed Plaintiff that Defendant had made a mistake in calculating the bid and the cost was actually $143,120 higher. On May 20, 1986, Defendant attempted to withdraw the bid. On May 29, 1986, Plaintiff mailed Defendant a contract based on the original bid price and Defendant refused to sign it. Plaintiff then accepted the second lowest bidder at a price of $1,919,272 and sued Defendant for the $93,000 bid bond. Plaintiff and Defendant filed motions for summary judgment and the trial court denied both of them, but certified the issue for immediate appeal.
- 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.