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Property Keyed to Rabin
Wade v. Jobe
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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:
Jobe (Defendant) rented a house from Wade (Plaintiff). Soon after taking occupancy, Defendant discovered numerous defects in the house. After a few days, there was no hot water and a foul odor had developed throughout the house. The flame of the water heater had become extinguished by accumulated sewage and water in the basement. Defendant notified the landlord, who, on several occasions, came to pump water from the basement and relight the water heater. These and other problems persisted for several months until Defendant notified the landlord that she would withhold rent until the sewage problem was solved permanently. An inspection determined that the house was unsafe for human occupancy. A second inspection found numerous violations that were substantial health and safety hazards, and the house was to be condemned. Defendant vacated the premises and Plaintiff sued to recover unpaid rent. Defendant counterclaimed to offset the rent owed because of the uninhabitable condition. The trial court awarded Plaintiff all the unpaid rent and dismissed Defendant’s counterclaim because Utah had not formally recognized an implied warranty of habitability. Defendant 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.