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Business Associations Keyed to Bainbridge
In re Fulton
Citation:
43 B.R. 273 (1984)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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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:
The plaintiff, Padgett Carroll, and the debtor, Walter Charles Fulton, operated a trucking business under the name of C & F Trucking. Carroll contributed a semi-truck which the debtor drove for the business. The profits earned from the business were to be divided between the parties. In July 1982, Carroll’s grandmother, Mattie Holcomb, wired him $9,000. He used $4,600 of these funds to purchase a used trailer for C & F Trucking. The Arkansas certificate of title for the trailer was signed by the debtor and listed C & F Trucking as the owner. On December, 1982, the debtor filed a voluntary Chapter 7 bankruptcy petition.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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