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Business Organizations Keyed to Smith
Grant v. Mitchell
Citation:2001 WL 221
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- 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:
Grant, Mitchell, and Meltzer formed Phoenix Environmental, LLC. The three founders began the process of converting the company into a corporation: Epasys, Inc, which they hired McDermott to assist in this endeavor. McDermott filed a certificate of incorporation, which named Grant as the sole incorporator. McDermott also prepared documents which listed Grant as president and Mitchell as treasurer and secretary; however, the form was never signed by either. McDermott received a certificate indicating the corporate status, and delivered the document to Grant and Mitchell, both listed as directors and officers of the corporation. The relationship among the founders deteriorated, and Grant sought McDermott’s services in removing Mitchell and Meltzer from the company. McDermott prepared a document which named Grant as the sole director of the corporation, which he used as basis of removing Grant and Mitchell from their positions.
- 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.