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Business Organizations Keyed to Allen
Costello v. Fazio
Citation:256 F.2d 903 (9th Cir. 1958).
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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:
In October 1948, a partnership called Leonard Plumbing and Heating Supply Co. was organized. The three partners, Fazio, Ambrose, and B.T. Leonard made capital contributions. By 1952, the partners had contributed $43,169.61, $6,451.17, and $2,000 respectively. The partners decided to incorporate the company at that time and each partner withdrew all but $2,000 of their contributions (leaving a total of $6,000 in capital). Both Fazio and Ambrose were directors for the company with Fazio acting as president and Ambrose as secretary-treasurer. The corporation assumed the partnership‘s liabilities. The business suffered a streak of losses and, in 1954, the corporation filed for bankruptcy.
- 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.