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Contracts Keyed to Kuney
Schauer v. Mandarin Gems of California, Inc.
Citation:125 Cal. App. 4th 949, 23 Cal. Rptr. 3d 233 (2005).
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- 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:
On August 15, 1999, plaintiff and her ex-husband, Darin Erstad, went shopping for an engagement ring. At the defendant’s store, the plaintiff and Erstad found a 3.01 carat diamond ring with a clarity rating of SI1. Erstad bought the ring for $43,121.55. Defendant also provided an appraisal for the ring for insurance purposes alleging its replacement value to be $45,000. The couple divorced after a brief marriage.
On June 3, 2002, plaintiff had the ring evaluated by Gem Trade Laboratory. The appraisal gave the ring a clarity rating of SI2. The appraisal was reviewed by other jewelers who agreed. The alleged value of the ring with an SI2 rating was $23,000 less than the amount Erstad had paid for the ring.
- 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.