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Property Keyed to French
Brown v. Voss
Citation:
715 P.2d 514 (Wash. 1986)
ProfessorTodd Berman
CaseCast™ – "What you need to know"
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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:
The predecessors in title of parcel A granted to the predecessor owners of parcel B a private road easement across parcel A for ingress to and egress from parcel B. The defendant, Voss, acquired parcel A in 1973. The plaintiffs, Brown, bought parcel B in April of 1977 and parcel C in July of 1977, from two different owners. Parcel C was never granted any easement to use parcel A. The Browns decided to tear down the home on Parcel B to construct a new residence that would straddle the boundaries between parcel B and C. Browns began the process of clearing parcels B and C in November 1977, Voss tried to stop Brown’s use of the easement in April 1979 after Brown had spent over $11,000 in developing their property for building. Voss placed logs, a concrete stump, and a chain link fence within the easement and Brown sued for removal of the obstructions, while Voss counterclaimed for damages and an injunction against Brown’s using the easement other than for parcel B.
- 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.
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