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Business Organizations Keyed to Smith
Taghipour v. Jerez
Citation:52 P.3D 1252 (2002).
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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:
Jerez, Taghipour, and Rahemi formed a limited-liability company. The company’s articles of organization designated Jerez as the manager of the company. The operating agreement stated no loans could be entered into on the LLC‘s behalf without a resolution authorized by all members’ consent. Without the others’ knowledge, Jerez entered into an agreement with Mt. Olympus which was secured by a mortgage on the LLC‘s property. The company ultimately defaulted on the loan, and Mt. Olympus foreclosed on the LLC property. Although the operating agreement contained this provision, state law held that a loan entered into by a manager are binding on the LLC.
- 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.