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Property Keyed to French
Goulding v. Cook
Citation:661 N.E.2d 1322 (Mass. 1996)
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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 plaintiff, the Gouldings, and the defendant, the Cooks, owned neighboring residences. The Cooks cespool malfunctioned, and they were required by the city to build a septic system to retain use of their home. There was a 3,000 square foot triangle of land the Cooks claimed belonged to them, but the Gouldings claimed was theirs. The Cooks tried to negotiate with the Gouldings to use it to build the septic system they needed, but negotiations failed. The Goulding’s requested a preliminary injunction from the Land Court to stop the Cooks from building the septic system, but the injunction was denied. Under pressure from the city, the Cooks built the septic system on the disputed parcel while still awaiting a ruling on who owned it. The Land Court ruled in favor of the Goulding’s owning the land, but then granted the Cooks an easement to use the land for their septic system, at a price to be negotiated between the parties.
- 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.