Confirm favorite deletion?
Conflict of Laws Keyed to Brilmayer
Lilienthal v. Kaufman
Citation:239 Or. 1, 395 P.2d 543 (1964)
Defendant, Kaufman, an Oregon resident, executed two promissory notes in favor of Plaintiff, Lilienthal, a California resident, in exchange for funds to finance a joint venture to sell binoculars. The promissory notes were executed and delivered in California. However, Lilienthal did not know that an Oregon court had previously declared Kaufman a spendthrift and placed him under guardianship. Lilienthal brought suit in Oregon state court against Kaufman to collect on the two promissory notes. Kaufman’s defense was that his guardian declared the obligations to Lilienthal void and that Oregon has a policy of voiding spendthrift’s contracts. Lilienthal argued that California law should apply because California does not recognize the disability of a spendthrift and the Oregon court is bound to apply the place of the making of the contract. The trial court found in favor of the Kaufman. Lilienthal appealed.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.
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.
Topic OutlineChoice of Law