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Contracts Keyed to Summers
Dougherty v. Salt
Citation:227 N.Y. 200, 125 N.E. 94
ProfessorMelissa A. Hale
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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:
When Helena Dougherty visited her eight-year-old nephew Charles Dougherty, she made positive remarks about his performance in school and his good behavior. Helena indicated to Charles’ guardian, Susan Teves (plaintiff), that she would like to take care of Charles. Helena gave Charles a promissory note for $3,000, which was payable at Helena’s death or earlier. Helena issued the note on a printed form that contained the words “value received.” Helena told Charles that he had “always done for me” and that she had signed the note for him. She also instructed Charles not to lose the note because it would be valuable one day. After Helena died, Susan tried to recover the value of the note by suing Emma Salt (defendant), the executrix of the Helena Dougherty’s last will and testament.
- 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.