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Contracts Keyed to Calamari
Summits 7, Inc. v. Kelly
Citation:Supreme Court Vermont, 2005. 178 Vt. 396, 886 A.2d 365
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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:
Defendant was an employee of the plaintiff, and had been working for them for some time. During this employment, which included raises and promotions, and lasted for longer than 1 year, the plaintiff approached the defendant and asked her to sign a non-compete agreement. Under the agreement, she was not to work for a competitor of the plaintiff for 12 months following her termination (weather voluntary or for cause) in specified portions of Vermont, New Hampshire, or New York. About two years after signing this agreement, the defendant voluntarily left her position with the plaintiff and took a position in violation of the covenant. Plaintiff sues to enforce the covenant.
- 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.