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Property Keyed to Saxer
Orr v. Goodwin
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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:
David Goodwin and several family members (Defendants) entered into an agreement to purchase real and personal property from Suzanne Orr and Nelson Bolstridge (Plaintiffs) for over $1 million. After the parties executed the agreement, Defendants provided Plaintiffs with a $10,000 deposit. Later, Defendants provided Plaintiffs with an additional $15,000 deposit. The parties’ agreement contained a “Liquidated Damages” provision, which obligated Defendants to surrender any amount of the deposit if he was unable to perform under the terms of the contract. Defendants notified Plaintiffs that he would not be able to purchase the property as agreed. Plaintiffs retained the $25,000 deposit paid by Defendants. Subsequently, Plaintiffs sued Defendants to recover damages. The trial court granted Defendants’ motion for summary judgment. Plaintiffs appealed.
- 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.