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Property Keyed to Rabin
Nessralla v. Peck
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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:
Nessralla (Plaintiff) and his son-in-law Peck (Defendant) agreed that Defendant would act as a straw man to allow Nesralla to purchase neighboring Sturtevant farm. Plaintiff needed Defendant to act as a straw because Plaintiff and his neighbor were on bad terms. When Plaintiff asked about the status of Defendant’s purchase of the farm, Defendant assured Plaintiff that his best efforts were ongoing. Defendant purchased the Sturtevant farm in his own name but then conveyed it to himself and his cousin as tenants in common. Plaintiff played no part in the transaction and did not provide any of the purchase price. Defendant was unresponsive to Plaintiff’s requests to sell him the farm. Plaintiff sued, seeking specific performance of Defendant’s promise to sell him the farm. The trial court applied the statute of frauds and found in favor of Defendant. 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.