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Contracts Keyed to Burton
Plante v. Jacobs
Citation:10 Wis. 2d 567, 103 N.W.2d 296
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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:
Frank and Carol Jacobs (collectively “the Jacobs”) (defendants) entered into a written contract with Plante (plaintiff). Under the contract, Plante was to build a house for the Jacobs in accordance with plans and specifications. Disputes arose between Plante and the Jacobs, which lead to the Jacobs refusing to continue paying Plante. Plante stopped work on the house and filed for a lien so that he could recover the unpaid balance of the contract price. In response, the Jacobs complained of defective workmanship (i.e., failing to furnish cabinets, gutters, etc.; cracks in the ceiling of the living room and kitchen; misplacement of a wall between the kitchen and living room). The Jacobs contended that the misplacement of the wall narrowed the living room in excess of one foot and the cost of tearing it down and rebuilding would cost about $4,000. The trial court rendered a judgment in favor of Plante. The Jacobs appealed.
- 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.