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Secured Transactions Keyed to Lopucki
In re Moffett
Citation:356 F.3d 518 (4th Cir. 2004)
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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.
- 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:
On January 22, 2001, Marlene Moffett purchased a used 1998 Honda Accord from Hendrick Honda. Moffett agreed to pay $20,024.25 with interest in 60 monthly installments, and Henrick Honda retained a security interest in the vehicle. Under the purchase contract, Hendrick Honda had the right to repossess the vehicle in the event of default. Hendrick Honda assigned its rights to Tidewater Finance Company, which subsequently perfected its security interest. When Moffett failed to make her monthly payments in March and April 2002, Tidewater Finance lawfully repossessed the vehicle. Moffett then filed for voluntary Chapter 13 reorganization.
- 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.