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Property Keyed to French
Hills Dev. Co. v. Township of Bernards
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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 1986, New Jersey passed the Fair Housing Act in response to the state supreme court’s decision inSouthern Burlington County NAACP v. Township of Mount Laurel, 456 A.2d 390 (N.J. 1983). The Act created the Council on Affordable Housing, which is empowered to determine the need for lower-income housing in different regions of the state and promulgate guidelines for municipalities in each region to determine their fair share of the housing. The Council then determines whether any given municipality has satisfied its obligation to have lower-income housing, and has various means available to induce municipalities to comply. The Council’s determinations can be overturned by a court only if there is clear and convincing evidence that a municipality has not constructed its fair share of housing. Municipalities that do not comply with the Council’s determinations in a timely manner are subject to judicial enforcement of their obligation underMount Laurelto provide lower-income housing. The constitutionality of the Act was then challenged in court.
- 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.