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Contracts Keyed to Templin
Hamer v. Sidway
Citation:79 Sickels 538 (1891)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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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:
Defendant promised his nephew, Plaintiff, that if he refrained from drinking, using tobacco, swearing, and playing cards or billiards for money until he became 21 years old, then Defendant would pay Plaintiff $5,000. Plaintiff accepted the offer. Plaintiff fully performed his obligations and when he turned 21 he wrote a letter to Defendant informing him that he had performed his part of the agreement and was entitled to the $5,000. Defendant agreed, reiterating that Plaintiff will have the $5,000 as promised but he was currently ill and under the care of a doctor. Plaintiff consented to the terms and conditions of Defendant’s letter. Defendant then died without having paid over to Plaintiff any portion of the said $5,000 and interest.
- 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.