SmartBrief
Confirm favorite deletion?
Contracts Keyed to Fuller
Mears v. Nationwide Mutual Ins. Co.
Citation:
91 F.3d 1118 (8th Cir. 1996)Facts
In 1993, Nationwide Mutual Insurance Company announced a contest for employees to create a theme for its upcoming regional convention. The contest announcement listed potential prizes including “His and Her’s Mercedes,” “An all expense paid trip for two around the world,” and “Additional prize to be announced,” with a notation that “All prizes subject to availability.” David Mears, a claims adjuster for Nationwide, submitted several themes including “At the Top and Still Climbing.” After Mears left Nationwide’s employment, he was notified that his theme had been selected. According to Mears, he was told he had won two Mercedes-Benz automobiles, though Nationwide disputed this. Nationwide ultimately used Mears’ theme for the convention but offered him only a restaurant gift certificate as a prize. Mears testified at trial that the least expensive new Mercedes cost $31,450, based on his inquiries at two dealerships.
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.