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Summit Properties, Inc. v. New Technology Electrical Contractors, Inc.
Citation:2004 WL 1490327 (D. Ore. 2004)
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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:
Coleman sold New Technology Electrical Contractors to Electrical Systems, but remained president of the company. New Tech moved to a new property, which was owned by Milestone (another corporation owned by Coleman). Crouser, New Tech’s vice president, signed the new lease on behalf of New Tech, and Coleman signed the lease on behalf of Milestone. Summit Properties approached and express interest in buying the property, but questioned who the property belonged to and its current tenant status. IES responded that New Tech was a wholly-owned subsidiary of IES. New Tech and IES used the property together, used the property alongside each other, and public-presented as related entities. Eventually, IES fired Coleman, which prompted review of the initial lease, and IES/New Tech determined the lease was not properly entered into; Summit disputed this claim.
- 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.