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Business Organizations Keyed to Macey
Cuker v. Milkalauskas
Citation:692 A.2d 1042 (1997)
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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:
PECO is required to conform to PUC regulations which govern the provision of electric and gas service to residential customers. PECO is required to report regularly to the PUC on many statistical and performance information regarding its compliance with the regulations. Following the PUC report, one set of minority shareholders filed a demand on PECO, alleging wrongdoing by some PECO directors and officers. This Katzman demand asserted that the delinquent officers had managed PECO by mismanaging the credit and collection function. The shareholders demanded that PECO authorize litigation against the wrongdoers to recover monetary damages sustained by PECO. The board responded by creating a special litigation committee to investigate the Katzman allegations. Less than a month later, a second group of minority shareholders filed a complaint against PECO officers and directors. The report of the special committee concluded that there was no evidence of bad faith, self-dealing, concealment or other breaches of the duty of loyalty by any of the defendant officers.
- 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.