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Corporations Keyed to Hamilton
Wilderman v. Wilderman
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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:
Plaintiff owns a one half stock interest in a corporation owned by herself and her former husband. Plaintiff claimed that her husband caused excessive and unauthorized payments to be made in the fiscal years ending March 31, from 1971 to 1973. Plaintiff requests that the court return the excess of the payments back to the corporation’s treasury to be treated as corporate profits and required to be distributed as dividends. Defendant performed most of the work for the business which installed ceramic tile and marble facings in residences and commercial buildings. He worked up to sixty hours or more doing most of the estimating, supervising, and business getting for the corporation. The board of directors authorized the defendant to pay himself a salary of no more than $400 a week. However, in 1971, the defendant paid himself an additional bonus of $71,738.71, a salary of $35,000 in 1972, and a total compensation of $86,893.40 in 1973.
- 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.