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Contracts Keyed to Burton
Levine v. Blumenthal
Citation:117 N.J.L. 23, 186 A. 457 (1936)
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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:
The plaintiff leased to the defendant a store for women’s apparel in the business district of the city of Paterson. The term of the agreement was two years, starting May 1, with an option of renewal for a further period of three years. The rent was to be $2,100 for the first year, and $2,400 for the second year payable in equal monthly installments. Before the expiration of the first term, the defendant informed that plaintiff that, due to poor business, they would not be able to pay the increase in rent the next year without going out of business altogether. The plaintiff testified that he agreed to accept the lower payment on account, which the defendant paid for 11 months of the second term before surrendering the premises and leaving the final month’s rent unpaid. The plaintiff brought this action to recover the extra unpaid $25 per month, as well as the $200 owed for the final month.
- 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.