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Contracts Keyed to Burton
Oliver v. Campbell
Citation:43 Cal. 2d 298, 273 P.2d 15
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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:
Roy Campbell hired Oliver (plaintiff) to represent him in his divorce proceedings. The parties entered into a written contract for a stated fee of $750 plus other court costs and incidentals. Meanwhile, the opposing party’s attorney was to receive $9,000 for legal services to be provided during the proceedings. The divorce trial lasted 29 days. Campbell discharged Oliver after the divorce trial was completed but before the divorce was finalized. At the time of his discharge, the reasonable value of the legal services Oliver provided amounted to $5,000. Campbell died after the trial, having only paid Campbell $450. Oliver filed a claim against Campbell’s estate (defendant). Oliver alleged that Campbell became indebted to him in the sum of $10,000, the reasonable value of his legal services.
- 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.