Property Keyed to Chase
Cunningham v. Hastings
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:
In 1984, property was deeded to Joan Cunningham (plaintiff) and Warren Hastings (defendant), as “joint tenants with right of survivorship, and NOT as tenants in common.” Cunningham and Hastings were not married. When the relationship between Cunningham and Hastings ended, Hastings took sole possession of the property. Cunningham filed a complaint seeking partition of the real estate. The trial court held that Cunningham and Hastings were joint tenants and ordered sale of the property. The trial court further held that the sale proceeds first go to covering the costs of the legal proceedings. The next $45,000 would go to Hastings as a refund of the purchase price Hastings paid for the property. The remainder was to be divided between Cunningham and Hastings equally. Cunningham appealed the trial court’s award of $45,000 to Hastings.
- 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.