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Contracts Keyed to Whaley
PHH Mortgage Corp. v. Ramsey
Citation:Ohio Court of Appeals, 2014. 17 N.E.3d 629.
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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:
PHH Mortgage Corporation (Plaintiff) provided Andrew Ramsey (Defendant) with a promissory note to fund his purchase of real property. Defendant purchased real estate for use as a rental property. Defendant made mortgage payments online to plaintiff for six years, however in August 2009, he tried to make his payment, and received an error message. His attempt seemed to be successful, but he called plaintiff’s help line to get a confirmation number for the payment. He was told the payment would be processed, yet a few days later, he received a notice from plaintiff that his payment was late. The following month, plaintiff tried to make an online payment again, and the same issue occurred. So he sent a check to plaintiff covering both payments, and included a letter explaining the situation. The check was never cashed or returned.
- 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.