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Property Law Keyed to Singer
Meinhard v. Salmon
CaseCast™ – "What you need to know"
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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:
Walter J. Salmon (Defendant) entered into a lease for a hotel. Defendant, while in course of treaty with the lessor as to the execution of the lease, was in course of treaty with Meinhard (Plaintiff), for the necessary funds. Plaintiff and Defendant were involved in a joint venture in regards to the property, for better or worse. Defendant was the manager of the property. Near the end of the lease, Elbridge Gerry became the owner of the reversion, and he approached Defendant. The tow entered into a new lease, which is owned and controlled by Defendant. Defendant did not tell Plaintiff about it. When Plaintiff found out about the new lease, he demanded that the lease be held in trust as an asset of the venture between Defendant and Plaintiff, which Defendant refused.
- 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.