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Business Organizations Keyed to Bouchoux
Shimko v. Guenther
Citation:505 F.3d 987 (9th Cir. 2007)
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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:
Richard Ross, David Goldfarb, Paul Woodcok, and Guenther (defendants) were limited partners of the CORF entities. From 2001 to 2003, a number of CORF entities’ clients located in various parts of the country filed complaints against the CORF entities and the defendants, alleging fraud and other causes of action. Shimko was asked to advise Dr. Guenther and other owners of their personal exposure beyond the protection offered to them by the limited partnership structure. Shimko claims that it did not represent the CORF entities and billed them only because it was requested to do so by the defendants.
- 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.