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Contracts Keyed to Templin
Foster v. Cross
Citation:650 P.2d 406 (1982)
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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:
Michael Stephens was interested in purchasing land for development into a single family residential project, and contacted real estate broke Warren Sanders to locate suitable land. Sanders began negotiations with Robert and Arlene Cross (defendants) for the purchase of their 0 acres of a homestead. The defendants refused initial offers, but eventually put forward an offer of their own which was accepted by Sanders, on behalf of Stephens and an additional co-purchaser, Robert Milby. The defendants repeatedly asked for financial statements of the buyers, despite Sanders representations that the buyers were financially stable. Stephens and Milby financial positions deteriorated and both of their interests in the purchase were eventually assigned to James Foster (plaintiff). The defendants received the financial statements of Stephens and Milby and refused to proceed with the closing. The plaintiff sued for specific performance.
- 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.