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Contracts Keyed to Summers
Edson v. Poppe
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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.
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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:
William Poppe (Defendant) was the owner of property located in Turner County, South Dakota. George Poppe (tenant) was in possession of the premises as the landlord’s tenant. In 1904, the tenant asked George F. Edson (Plaintiff) to drill a well at the premises. The tenant used the well with the knowledge and consent of the landlord. On August 5, 1905, the landlord inspected the well and promised to pay Edson the reasonable value of the installation in consideration of the improvement it made to the premises. After the landlord later refused to pay, Edson sued for breach of contract. The landlord made an objection on grounds that the complaint did not state a cause of action. The landlord argued his promise to pay lacked consideration because the services rendered by Edson were past consideration. The circuit court overruled the objection and the landlord 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.
- 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.