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Property Keyed to French
Ghen v. Rich
Citation:8 Fed. 159 (D. Mass 1881)
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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:
Ghen and his crew were engaged in the business of whaling. Whalers, in that area, used bomb lances to shoot and kill whales. The whales would then sink and float back up a few days later, wash up on the beach, or be lost at sea forever. The custom in that area was for a person who found a beached whale to send word to town. The whaler who killed it would then come claim it, and pay a finders fee to the person who stumbled upon it. In this case, Ghen and his crew killed a whale, and Ellis found it beached. Instead of sending word to town, Ellis advertised it for sale at auction and then sold it to Rich. Rich then had the blubber and oil extracted from the whale and sold it. Ghen sued Rich.
- 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.