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Business Organizations Keyed to Bouchoux
Frame v. Maynard
Citation:922 N.Y.S.2d 48 (2011)
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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:
Plaintiff Frame and defendant Maynard were the two general partners of a limited partnership formed to acquire and operate a building at 5008 Broadway and they acquired the underlying land as tenants in common. Under the limited partnership agreement, the net proceeds of a sale or refinancing the project were to be split 60-40 between the limited partners and general partners. In May 2001, Maynard offered to acquire the limited partners’ interest in the partnership property. Maynard did not disclose to the limited partners that he had been negotiating with the Community Preservation Corporation to obtain a mortgage loan on the property at 5008 Broadway from the Freddie Mac.
- 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.