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Ethics Keyed to Hazard
Klein v. Boyd
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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:
Drinker, Biddle & Reath (“Drinker”) was retained by William Coleman to assist in the formation and management of a new business entity, known as Mercer LP. Partner Robert Strouse, the attorney assuming responsible for the oversight of Mercer’s interests, became aware of Coleman’s long history of securities fraud and other serious violations, and prepared a disclosure letter to be read and signed by all of the partership’s investors that carefully outlined Coleman’s background. Although Coleman did not deliver it to all of the investors, Strouse only advised that it should be and continued the representation. When Plaintiffs-who never received the original letter-renewed their investment in November 1993, Strouse prepared another disclosure letter which purposely omitted the information regarding Coleman’s history. The partnership subsequently collapsed due to fraud and mismanagement, and the investors are now attempting to reclaim their money.
- 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.