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Business Organizations Keyed to Smith
Dweck v. Nasser
Citation:2012 WL 161590 (2012)
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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.
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- 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:
Dweck, Nasser, and Dabah established Kids International Corporation. Under the original agreement, Nasser would provide 100% of start-up capital. After his capital was repaid, Nasser would transfer half the equity to Dweck and Haim, with Nasser continuing to serve on the corporation’s board of directors. Dweck and Haim would serve as managers of the corporation‘s regular business activities.
Dweck formed two competing ventures – Success and Premium- thirteen years after the formation of Kids. This lead to a nasty split between the business partners: Nasser and Dweck. Dweck used Kids’ resources in establishing the brands of his new, competing companies. Dweck accused Nasser of breaches of fiduciary duties, and vice versa. Nasser also brought third-party claims against Taxin and Fine.
- 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.