Confirm favorite deletion?
Property Keyed to French
American Community Stores Corp. v. Newman
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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:
American Community Stores Corporation (Plaintiff) obtained twenty year leases with an option of extending the lease an additional five years from landlords in Nebraska. The Plaintiff was the owner and operator of grocery stores. Every lease the Plaintiff was a part of, contained a provision forbidding the assignment of the property interest, but allowed the Plaintiff to sublet the interest. The Plaintiff announced a few years later after obtaining the leases that they would close their stores permanently. During this time, Plaintiff tried to assign their interest to Nash-Finch Company who intended to sublease the premises to another party. The original landlord found out and forbid Plaintiff to assign the lease. The Plaintiff tore up the assignment contract and drafted a new sublease agreement which terminated two days before Plaintiff’s sublease ended. In essence, this reserved a reversionary interest in Plaintiff. Plaintiff notified the landlord who in turn sought declaratory relief as to determine if Plaintiff violated their lease. Trial court found that the subleases were valid.
- 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.