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Property Keyed to Rabin
Merrill v. Jansma
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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:
Merrill (Plaintiff) suffered injuries when she fell while ascending the front steps leading to the entrance of the mobile home that her daughter Sherri Pritchard rented from Jansma (Defendant). The steps became loose during Pritchard’s occupancy. Pritchard had previously attempted to secure the step but was unable to do so. She notified the property manager, who apparently was also unable to secure the step: Plaintiff fell as the steps separated from the porch when she stepped on them. Plaintiff filed a negligence claim on the grounds that Defendant knew or should have known the step was dangerous and failed to exercise reasonable care to eliminate the danger. Defendant moved for summary judgment, claiming she owed no legal duty to Plaintiff. The district court granted the motion. Plaintiff 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.