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Business Organizations Keyed to Smith
Stone v. Jetmar Properties, LLC
Citation:733 N.W.2d 480 (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.
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- 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:
Hammond attempted to form Jetmar Properties, LLC, but incorrectly filed the paperwork with the secretary of state’s office. Hammond, acting as president of Jetmar, purchased commercial property from Ortega and also acquired a loan from Ortega. Hammond then met with Stone who owned a duplex property, and reached an agreement with Stone to quitclaim the duplex to Jetmar. This agreement would enable Hammond and Jetmar to finance a condominium development project. After the project’s completion, Hammond would deed the property back to Stone, who would continue to collect rent on the property. The project ultimately failed, and Ortega foreclosed on the property, meaning Stone would never reacquire the duplex. After this, Hammond finally filed the proper paperwork with the secretary of state’s office for Jetar, receiving a certificate of organization.
- 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.