Corporations Keyed to Klein
Wilkes v. Springside Nursing Home, Inc
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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.
- 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 was locally renowned for his profitable real estate dealings, and in 1951 when Defendants heard about Plaintiff’s option to purchase a particular building, they agreed to partner with Plaintiff on developing a business venture around that option. The parties agreed to allow each to receive money from the corporation as long as they actively participated in running the business. The parties then agreed to open a nursing home at the location, and by 1952 the profit from the business was large enough for them to each draw a salary from the business. One of the Defendants wanted to purchase part of the property for his own business use, and Plaintiff forced a higher price for the property than what was expected. This created bad feelings between the partners until finally, in 1967, Plaintiff notified the other shareholders that he wanted to sell his share. A month later, but prior to the sale of his shares, Defendants voted to terminate Plaintiff from his position a nd took away his stipend (despite the fact that another owner at that point received a stipend while having no day-to-day responsibilities). Defendants argued that they had the power, under the corporate by-laws, to set salaries and positions.
- 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.