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Corporations Keyed to Klein
Monin v. Monin
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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:
Appellant and Appellee were brothers who ran a milk-hauling business. A high percentage of the business’ value was comprised of an agreement with a third party, Dairymen Incorporated (“DI”) to haul their milk. After 17 years Appellee sought a dissolution of the business once the brothers’ relationship soured. The next day Appellee notified DI that the partnership was dissolving and he wanted to continue to haul milk for them. Both partners agreed to auction the assets of the company to the higher bidder between the two, with the results conditional upon DI’s approval. Appellant’s bid of $86,000 was successful, but DI decided to use Appellee’s newly formed business. The lower court then put the value of the business at $22,000 to equal the value of the milk-hauling equipment. The lower court reasoned that DI has no obligation to honor the partners’ auction results and therefore the business could not count the contract with DI as part of their assets. Appellant argued t hat Appellee was not acting in good faith when he bargained for DI’s business for himself.
- 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.