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Civil Procedure Keyed to Yeazell
Layman v. Southwestern Bell Telephone Co
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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.
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- 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 Eileen Layman, the owner of real estate in Jefferson County, Missouri, filed suit against Defendants Southwestern Bell Telephone Co. and Wright Tree Service of Iowa, Inc., alleging that the defendants had trespassed upon her land and installed underground telephone wires without her consent. She further alleged that the defendants continued to enter upon her land and maintain the wires. Upon entering their answer to the complaint, the defendants introduced a recorded instrument that was purportedly an easement granting them permission to enter Plaintiff’s land. The trial court entered judgment for the defendants stating that there was insufficient evidence to establish the trespass pleaded and sought to be proved. Plaintiff appealed, objecting to the introduction of the easement document.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Policy: Identifies the Policy if any that has been established by the case.
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