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Contracts Keyed to Summers
Weiner v. McGraw-Hill, Inc.
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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:
Walton Lewis Weiner (Plaintiff) was employed by Prentice-Hall, a publishing company. In 1969, McGraw-Hill, Inc. (Defendant), another publishing company, approached Plaintiff to induce him to work for Defendant. Defendant assured Plaintiff that he would have job security because Defendant only terminated its employees for just cause. Plaintiff filled out and submitted a Defendant form application. The application specified that employment would be subject to Defendant’s personnel handbook. The handbook stated that employees would only be dismissed for just cause. Plaintiff began working for Defendant, forfeiting accrued fringe benefits and promised salary increases at Prentice-Hall. Over the next eight years, Plaintiff received a promotion and pay raises, and routinely rejected offers of employment elsewhere. During this period, Plaintiff was informed that he could only terminate his subordinates for just cause. In February 1977, Plaintiff’s employment was terminated for "lack of application."Plaintiff sued for wrongful termination. The trial court denied Defendant’s motion to dismiss. The court of appeals reversed, on grounds that Plaintiff’s employment had been at will. Plaintiff 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.