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Property Keyed to French
Williams v. Kimes
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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:
Reba Wrather LaFont inherited 72 acres of real property in life estate from her father. The contingent remainder was vested in her presumptive bodily heirs, who would receive the property in fee simple absolute at the time of her death. LaFont borrowed money and mortgaged the property, and then defaulted. The bank foreclosed on the property in 1988, and notice of the sale was sent to LaFont. The heirs received no actual notice of the sale. The property was purchased by the Kimeses (Defendants). LaFont died in 1993, survived by two bodily heirs with a contingent remainder in the property: Anita Kay Williams and James G. LaFont (Plaintiffs). They brought suit claiming that the foreclosure sale was invalid against their interest in the property, because they had not received actual notice of the sale. The trial court ruled that the sale was valid. Plaintiffs 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.