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Property Keyed to French
Murphy v. Smallridge
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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:
In May 1990, the Murphys (Plaintiffs) signed a one-year lease to rent a house from the Smallridges (Defendants). After the term expired on June 1, 1991, the lease became a periodic tenancy. Defendants repeatedly dumped trash in the house’s yard. After multiple complaints to Defendants, Plaintiffs anonymously reported them to the state Department of Natural Resources. The Department investigated, and on September 26, 1991 informed Defendants that the dumping was illegal. The next day, Defendants informed Plaintiffs that the lease would be terminated, but then agreed to let them remain in exchange for a $150 increase in rent. Plaintiffs instead vacated the premises and filed suit for retaliatory eviction. The trial court dismissed their suit for failure to state a cause of action, holding that retaliatory eviction can only be raised as a defense by a tenant who remains on a property and is subject to an eviction action by the landlord. 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.