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Contracts Keyed to Summers
Sherwood v. Walker
Citation:
66 Mich. 568, 33 N.W. 919
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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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:
Sherwood (plaintiff), a banker, contacted Walker (defendant), an importer and breeder of cattle, and expressed interest in purchasing some of his cattle. Sherwood traveled to Walker’s farm and negotiated the purchase of a cow known as “Rose,” who was believed to be barren. Walker sent Sherwood a letter confirming the sale of Rose in exchange for five and a half cents per pound, with fifty pounds to be deducted for shrinkage. Walker later discovered that Rose was with calf. As a result, Rose was actually worth more than the price at which Walker had sold her. When Sherwood arrived at the farm to get Rose, Walker refused to proceed with the sale at the price agreed upon. Sherwood sued Walker.
- 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.
5m 47s
