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Contracts Keyed to Calamari
Thompson v. Lithia Chrysler Jeep Dodge of Great Falls
Citation:Supreme Court of Montana, 2008. 343 Mont. 392, 185 P.3d 332.
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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:
Plaintiff purchased from the defendant a new truck. The purchase price was just under $40,000, and they traded in their old truck for $1,500 and put $2,000 cash down, financing the remaining balance of roughly $36,000 with the defendant. The financing agreement contained an arbitration agreement, and carried an annual percentage rate of 3.9%. After owning the new truck for a week, the plaintiffs were contacted by the defendants and informed that they would need to sign new financing papers at a rate of 4.9%, which the plaintiffs refused. They attempted to return the truck, but the defendant refused to return either their cash down payment nor their prior vehicle. Plaintiff brought suit, but the defendants moved to enforce the arbitration agreement.
- 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.