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Evidence keyed to Fisher
Jinro America, Inc. v. Secure Investments, Inc
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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:
Appellants are a group of companies involved in international trade; Appellees are a group lead by Brian Bishop, a businessman who entered into an agreement with Appellants for the international sale of frozen chicken. Appellants claim the contract was a legitimate one, and brought suit to when Appellees were in breach. Appellees claim Appellants entered into the agreement to engage in a “roll program,” an illegal investment scheme. The contract’s terms provided that one Appellant company would buy large amounts of chicken and sell it to Appellees, who would then re-sell the product at a higher price. Appellants forwarded Appellees $10 million to cover expenses, and Appellees agreed to assign $10 million worth of Treasury securities to Appellants as collateral. When months went by and no chicken was bought or sold, Appellants declared Appellees in breach and brought suit, demanding repayment of the advance. At trial, Appellees relied on the testimony of David Herbert Pelham (Pelham) as an expert witness. Pelham testified that Korean companies have a propensity to engage in fraudulent activity, “including the avoidance of Korean currency laws.” Pelham’s testimony was offered as expert testimony, despite the fact that Pelham, “had no formal education or training in business or as a cultural expert.” According to Appellees, “Pelham’s . . . purported qualifications were that he had ‘served five tours of duty in Korea,’ lived there for about 12 years and was married to a Korean woman.” Appellants objected to the testimony, but the lower court denied the motions n a minute order, and without explanation, the district court denied Jinro’s motions, “as to Pelham’s general testimony on Korean culture and business practice, although it ruled that Pelham could not testify as an expert in Korean law.”
- 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.