SmartBrief
Confirm favorite deletion?
Corporations Keyed to O’Kelley
McCormick v. Brevig
Citation:
96 P.3d 697 (2004)Facts
Joan and Clark are the children of Charles and Helen Brevig. In 1960 Charles purchased the Brevig Ranch and transferred his sole interest in the ranch to himself and Helen as joint tenants. Upon their divorce, Helen conveyed her interest to Charles. Thereafter, Clark and his father owned the ranch in equal shares and began operating the ranch as Brevig Land, a partnership, pursuant to a written agreement. In 1982, Charles and Clark sought to refinance the farm debt and the bank required Joan to sign the mortgage which was secured by the ranch real estate. After Charles’ death, Joan continued to work as a landman and made financial contributions to the new partnership. She also maintained the partnership’s books and records. In 1984, Joan obtained an additional 25 percent in the partnership. By the early 1990s, cooperation between Clark and Joan regarding the operation of the ranch essentially ceased. In 1995, Joan brought suit against Clark and the partnership, alleging that Clark had converted partnership assets to his own personal use, and sought an accounting of the partnership’s affairs.
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.
- 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.