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Corporations Keyed to O’Kelley
Blackburn v. Witter
Citation:201 Cal. App. 2d 518 (1962)
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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.
- 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:
Respondent is the widow of a dairy farmer who died in 1954. She was introduced to Mr. Long, an employee of Walston & Company. Respondent was without business experience, and had no family to advise her. During 1957, while employed by Walston, Long persuaded Mrs. Blackburn to invest in a nonexistent company which he called American Commercial Investment Company. She obtained the money to invest by selling some of her stock through Long acting as agent for his employer. For the money invested Long gave respondent commercial rediform receipts. Mrs. Blackburn testified that she had confidence in Long. Respondent also testified that she believed Long’s representation that he was acting for his employer and that the investment was recommended as the result of research conducted by the brokerage companies.
- 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.