Corporations Keyed to Klein
National Biscuit Co. v. Stroud
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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:
Stroud and Freeman decided to dissolve their business February 25, 1956. Several months prior to February 25, Stroud informed Plaintiff that he was not going to be held liable for any deliveries made by Plaintiff. Plaintiff still made deliveries to the business through Freeman’s consent. After the business dissolved, Stroud agreed to liquidate the business’ assets and discharge the debts, and Stroud ended up losing his own personal money in the process. Stroud disputed the money owed to Plaintiff because he specifically requested that Plaintiff not make any deliveries or else he would not be liable.
- 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.