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Property Keyed to Merrill
Strain v. Green
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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:
Jacob Green and his wife (collectively known as “Defendants”) sold their residence to William Strain and his wife (collectively known as “Plaintiffs”). After the sale, the Defendants removed many items from the residence, such as a hot-water tank, Venetian blinds, three mirrors, and light fixtures. Two of the mirror, which were attached to the wall, were attached with thick pieces of plywood backing that been nailed to the wall several times. Thus, when Defendants removed the two mirrors and plywood, as a result, portions of the wall’s plaster were also removed with it. Further, the removal of the wall’s plaster exposed a different paint color. The third mirror, located in the bathroom, was not nailed to the wall. Instead, the third mirror was hung with a hook. Thereafter, Plaintiffs requested that Defendant return the removed items, but Defendants refused to return the items. Plaintiffs brought suit against Defendants on the grounds that the items that were removed were non-removable fixtures. At trial, Plaintiffs testified that they never meant for the items to be part of the realty. Rather, Plaintiffs contended that they removed the items from their prior house when they sold that house as well. The trial court held that the hot-water tank and Venetian blinds were fixtures, mandating Defendants to return them to Plaintiffs. Likewise, the trial court held that the light fixtures and mirrors were personal property, which Defendants were entitled to have. 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.