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Corporations Keyed to Hamilton
Sullivan v. Hammer
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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:
Occidental mailed to stockholders a proxy statement reporting that a Special Committee of Occidental had approved a proposal to provide financial support to The Armand Hammer Museum of Art and Cultural Center, (Museum). Occidental is to donate a lump sum to the Armand Hammer Foundation and is to fund the construction of the Museum, which is to be physically integrated with Occidental’s headquarters building. Hammer is the founder and Chairman of the Board of Occidental. Plaintiffs filed this action asserting class and derivative claims alleging that Occidental’s expenditures with regard to the Museum and its obligations to the Armand Hammer foundation constitutes a gift and waste of corporate assets and that Hammer had breached his duty of loyalty by causing Occidental to make these expenditures for his personal benefit. Counsel for all the parties presented to the Court a fully executed Stipulation and Agreement of Compromise, Settlement and Release. The court in its opinion reviews the proposed settlement.
- 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.