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Torts keyed to Robertson
Viner v. Sweet
Citation:Supreme Court of California, 2003. 30 Cal. 4th 1232, 70 P.3d 1046.
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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.
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- 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:
The Plaintiffs, Michael Viner and his wife, Deborah Viner, founded Dove Audio. Dove Audio was a company that produced audio versions of books read by celebrities or the authors themselves. The company also did television and movie products. The business grew and it eventually went public and started issuing stock at $10 a share. The Plaintiffs then sold their interest in Dove Audio to Media Equities International (MEI). To assist in this complicated transaction, the Plaintiffs hired attorneys, the Defendants, for their relevant expertise and knowledge to help negotiate and close the deal. However, the Plaintiff eventually realized that this deal was unfavorable in multiple ways. The Plaintiffs then sought relief in arbitration proceedings against MEI. However, these proceedings failed and the Plaintiffs sued the Defendants for legal malpractice.
- 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.