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Contracts Keyed to Calamari
Marvin Lumber and Cedar Co. v. PPG Industries, Inc.
Citation:United States Court of Appeals, Eighth Circuit, 2003. 401 F.3d 901
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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:
Plaintiff manufactured wooden doors and windows, and bought wood preservatives and coating from the defendant. Defendant sent Plaintiff acknowledgments of their purchase orders. On the front of the purchase order, defendant stated that it filled orders with the understanding that the only terms to which it consented were set forth in the acknowledgement. There was a signature line directly below this statement, but none of the purchase orders had ever been signed. The back of the purchase order, in fine print, stated that defendant’s liability for damages would never exceed the purchase price of the products. Plaintiff filed suit several years after purchasing the defendant’s preservative, claiming that it had failed to prevent premature rot and decay in their wood products.
- 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.
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