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Property Keyed to Saxer
XI Properties, Inc. v. Racetrac Petroleum, Inc.
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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:
RaceTrac Petroleum (Defendant) built a gas station on its land. Defendant added dirt to level a portion of its land for a parking lot. It also created a sloped embankment along the sides of the parking lot for support. In 1993, Defendant sold a portion of its land to XI Properties, Inc. (Plaintiff). The deed of conveyance inadvertently included the sloped embankment and part of the parking lot. In 1999, Plaintiff prepared to remove the sloped embankment and gave Defendant thirty days’ notice. After Defendant objected, Plaintiff filed a declaratory judgment action. The trial court granted summary judgment in favor of Plaintiff, ruling that Plaintiff had no duty to provide lateral support to land altered from its natural state. The Court of Appeals affirmed but added that Plaintiff could not negligently excavate the sloped embankment.
- 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.