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Torts Keyed to Epstein
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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:
The Plaintiff and the Defendant made a contract for the Plaintiff to buy and the Defendant to sell land. * In the negotiations for the sale, the Plaintiff alleged that the Defendant said the value of the land was much higher than it was. The Defendant said another party offered to buy the property for a certain amount of money when no such offer had been made. * The Plaintiff further, alleged that the Defendant told the Plaintiff he would pay off the $500 mortgage on the land, but the Defendant had no intent of doing so and that he, in fact, did not do so. * During negotiations, the Plaintiff told the Defendant that the Plaintiff had little experience and knowledge in real estate and that he trusted the Defendant to tell him what he needed to know. * At trial, the Defendant denied all the allegations of the Plaintiff, including the promise to pay off the mortgage. * The trial court ruled in favor of the Plaintiff. The Defendant appealed alleging the court erred in allowing the Plaintiff to testify about the promise to pay off the mortgage because it could not be accomplished in a year and fell under the SOF. The Defendant also appealed the court’s not granting the Defendant’s motions for dismissal and directed verdict.
- 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.