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Contracts Keyed to Summers
Hamer v. Sidway
Citation:124 N.Y. 538, 27 N.E. 256
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:
William Story promised his nephew Hamer (plaintiff) that if he refrained from drinking, smoking, swearing, and gambling until he was 21 years-old, then Story would pay him the sum of $5,000. Hamer performed the conditions of the contract, refraining from activities that he was legally able to do at the time of the case. When Hamer turned 21 years old, he wrote to Story to inform him that he had performed his part of the agreement. Story wrote back to Hamer and stated that he had the money in the bank but would not part with it until he believed that Hamer was capable of taking care of it. Story died without having paid Hamer any portion of the $5,000. Hamer sued Sidway (defendant), the executor of Story’s estate, to recover the $5,000.
- 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.