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Contracts Keyed to Kuney
Schoolcraft v. Ross
Citation:81 Cal. App. 3d 75, 146 Cal. Rptr. 57 (1978).
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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:
In April 1974, plaintiffs purchased a house from the defendant for $14,500. The parties executed a promissory note and a deed of trust naming the defendant as the beneficiary. In January 1975, the house was destroyed in a fire. Plaintiffs still owed $13,585.01. Pursuant to the fire insurance policy, the plaintiffs could either collect the cash value ($8,250) or receive reimbursement to rebuild (up to $14,100). The plaintiffs informed the insurance company of their intent to rebuild and the company issued a check for $8,250 payable to plaintiffs and defendant with the balance of the $14,100 to be paid upon completion of the house. However, defendant refused to allow the proceeds to be used to rebuild and invoked a clause in the deed of trust to retain the proceeds. Plaintiffs were unable to afford their monthly payments and rent on an apartment causing defendant to foreclose on the property which she then re-purchased at private auction.
- 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.