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Property Keyed to French
Providence Land Services, LLC v. Jones
Citation:353 S.W.3d 538 (2011)
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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 Howells owned dozens of lakefront lots. They, in turn, leased these lots to a number of tenants. Two of the Howells, Inez and Graydon, died leaving the property in the hands of the third Howell, Rex. Rex decided to convey the lots to the defendant, Providence Land Services. Providence then sent all the tenants new proposed leases that included termination provisions and higher payments. The tenants believed they were in long-term leases and had expended lots of effort and money to improve their properties. They sued to establish they were in these long-term leases. The trial court construed the term “indefinite” in their leases as ambiguous, and using parole evidence determined they were 99-year leases. Providence appealed.
- 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.