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Property Keyed to Saxer
Estate of Phillips v. Nyhus
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Access the most important case brief elements for optimal case understanding.
*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:
Theodore P. Phillips and Charles and Christina Nyhus (Plaintiffs) entered an agreement to purchase real estate together as joint tenants. On November 18, 1988, Phillips purchased the property and, on July 24, 1989, executed a quitclaim deed explicitly creating a joint tenancy between Philips and Plaintiffs. On July 19, 1990, Phillips and Plaintiffs entered an earnest money agreement with a third party to sell the property. Phillips passed away on July 28, 1990. Plaintiffs sued the estate of Phillips (Defendant) in order to declare their entitlement to the entire proceeds of the sale. The superior court commissioner entered summary judgment in favor of Plaintiffs and denied Defendant’s motion for revision of the decision.
- 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.