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Contracts Keyed to Epstein
Varney v. Ditmars
Citation:217 N.Y.223, 111 N.E. 822 (1916)
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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:
An employee brought an action for an alleged wrongful discharge. The defendant is an architect employing engineers, draftsmen and other assistants. The plaintiff is an architect and draftsman. They entered into an agreement in which the plaintiff was employed at $40 per week. On November 6, 1911, the night before the general election in the state, the defendant requested that all of his employees should work on election day. The plaintiff told the defendant that he wanted to remain at home to attend an election in the village where he lived. In the afternoon of election day he was ill and remained at his house. After the plaintiff had recovered from his illness and told the defendant that he was ready, willing and able to continue his services, the defendant denied that he had any agreement with him and refused to permit him to continue in his service. Thereafter, the plaintiff sought to recover for his services from November 7 to December 11, 1911 at $40 per week and for a fair and reasonable percentage of the net profits of the defendant’s business.
- 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.