LLAW 110 Components of a breif

(Analyzing a case study)

 

COMPONENTS OF A BRIEF

(Analyzing a Case Study)

 

 

I. Statement of the Facts (Brief recitation of the facts)

II. Issue (Legal question)

III. Application (Apply the law to the facts)

IV. Decision (Conclusion)

 

 

 

Elizabeth Covington, who was sixty five years old when her husband died, needed as much money as she could muster, decided to have a garage sale. Her husband had a baseball card collection but Elizabeth knew nothing about baseball or baseball cards. She displayed the cards along with many other items. Michael Ferrell, an eighteen-year-old, who lived in the neighborhood, attended the sale. What caught his eye was the baseball card collection and, specifically what appeared to be a 1952 Topps Mickey Mantle rookie baseball card in near mint condition. On the outside of the box container was a sticker indicating "All cards $1 each." He couldn't believe his eyes. He had heard that a similar Mantle card had sold in 2006 for $72,000. He thought about telling Mrs. Covington the real value but decided against it and paid her the $1 and left. Later that month, while she was watching her favorite public television show, she saw Michael asking the antiques expert to estimate the value of the card. The expert said that even in a tough economy the card would likely bring $80,000 at public auction.  Mrs. Covington brings an equitable action to rescind the contract, get her card back and return the $1 to Michael.