Contracts Keyed to Summers
Morstain v. Kircher
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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:
On May 4, 1928, Frances V. Brown and Thomas W. Brown delivered a promissory note to Morstain (Plaintiff) for $400. The note was secured by a mortgage on property owned by the Browns. On June 12, 1928, the Browns conveyed the property to Kircher (Defendant), subject to the mortgage. Defendant assumed the note and mortgage and began making interest payments to Plaintiff. On November 1, 1928, Defendant re-conveyed the property back to the Browns, subject to the mortgage. In April 1931, Plaintiff sued Defendant to recover unpaid amounts due on the note. The municipal court of Minneapolis granted Plaintiff a judgment in the amount of $432.07. 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.