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Cauble v. Handler
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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:
Plaintiff brings this suit against Defendant, Tom Handler, for an accounting of the partnership assets. Cauble and Handler were equal partners in a business that sold retail furniture and appliances. The trial court used the cost or book value determined by Handler to determine the value of the partnership inventory at the time of Cauble’s death on May 18, 1971. At the time of trial, Handler still operated and controlled the partnership, making a net profit of $40,163.42. The trial court awarded Plaintiff a judgment against Handler for $20.95 plus six percent interest thereon from February 2, 1973, the date of the judgment. The court awarded the court appointed auditor $1,800.00 for his services, labeled this item as court costs, and charged it to Plaintiff. Plaintiff appeals. Plaintiff contends that the trial court erred in calculating her judgment. She claims that she is entitled to one-half of the value of the partnership assets based on the market value of the assets, plus a share of the profits from the date of Cauble’s death to the date of judgment.
- 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.