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Business Organizations Keyed to Smith
Haley v. Talcott
Citation:864 A.2d 86 (2004).
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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:
Haley and Talcott formed a joint venture: the Redfin Grill. The grill was located on land which they had an option to purchase, and the two formed a LLC to accomplish this goal: Matt & Greg Real Estate, LLC, with each owning half of the company. The LLC took out a mortgage to finance the purchase, with each individuals signing personal guarantees for the entire mortgage amount.
The two had a series of disputes, which ultimately resulted in the two no longer communicating with each other, and the LLC effectively paralyzed as each owned 50%. The two had signed an LLC agreement which included an exit clause. The clause did not state who would retain control of the LLC in the event of a dispute between members. Haley sought to dissolve the LLC, as a way to alleviate his personal debt incurred.
- 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.