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Property Keyed to French
Nome 2000 v. Fagerstrom
Citation:799 P.2d 304 (Alaska 1990)
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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:
The disputed land was located in a rural area. During warm seasons the land is suitable for homesites, subsistence, and recreational activities. During colder seasons, little or no use is made of land in that area. Charles Fagerstrom had visited and used the disputed parcel with his family since he was a child. In 1963, Charles and Peggy Fagerstrom were married and bought a small quantity of building materials to the north end of the disputed parcel. They intended to use these to build a cabin. In 1970 or 1971, the Fagerstroms used four cornerposts to stake off a twelve acre, rectangular parcel for purposes of a Native Allotment application. The northwest and southwest stakes overlapped with Nome’s land and that overlap constitutes the disputed land. Between 1977 and 1987 the Fagerstroms built a reindeer shelter, parked their camper on the property from June to September, built an outhouse and fish rack, and put a cabin on the north end of the property. In 1987 Nome Filed suit to eject the Fagerstroms.
- 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.