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Property Keyed to Saxer
Ganter v. Kapiloff
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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:
In 1976, brothers Leonard and Bernard Kapiloff (Plaintiffs) purchased a valuable stamp collection for $150,400. Unknown to the brothers, the collection was inadvertently transferred to Robert L. Ganter (Defendant) between 1979 and 1980, when Defendant found the collection in a dresser he purchased from a used furniture store. In 1982, Defendant took the collection to J. & H. Stolow (Defendant), a stamp dealer, for appraisal and sale. On February 1, 1983, Bernard Kapiloff saw an advertisement listing the collection for sale. Plaintiffs contacted Defendant and demanded the return of the collection. Defendant refused. Plaintiffs sued for replevin against Defendant and J. & H. Stolow in the District Court of Maryland for Baltimore City. Defendant later removed the case to the Circuit Court for Baltimore City, where Plaintiffs sought a declaratory judgment, announcing Plaintiffs as the true owners of the collection. The circuit court found that Plaintiffs were the true owners and granted Plaintiffs’ motion for summary judgment.
- 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.