Property Law Keyed to Singer
Central Financial Services, Inc. v. Spears
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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.
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- 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:
Marshall Spears (Plaintiff) borrowed money from Central Financial Services, Inc. (Defendant) and executed a promissory note and a deed of trust to secure the debt. The loan became delinquent, so Defendant sold the property to itself at a foreclosure sale where they were the only bidders. Defendant then sold the property for two and a half times the amount they paid for it to a third party. Plaintiff moved to have the second sale set aside.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.