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Property Keyed to Saxer
Garcia v. Thong
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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:
Benjamin Thong (Defendant) rented an apartment from Judy Garcia (Plaintiff). Under the terms of the rental agreement, Defendant paid Plaintiff a $200 security deposit. Plaintiff did not return the deposit to Defendant after he moved out. Nor did she account for deductions from the security deposit in a written statement. Plaintiff later sued Defendant, seeking $1,763.05 in damages to the apartment. Defendant counter-claimed for the return of his security deposit, relying on a New Mexico statute (Statute) governing security deposits. The Statute allows a landlord to withhold all or part of a security deposit to pay for damages to the premises by the tenant, but requires the landlord to provide an itemized written statement of the deductions as well as the remaining balance, “if any,” within thirty days. A landlord who fails to do so forfeits the right to withhold any part of the deposit, forfeits the right to assert a claim for damages, and becomes liable for any attorney’s fees expended by the tenant to recover the deposit. The magistrate judge ruled in Plaintiff’s favor, granting her damages in the amount of $908. The trial court also ruled in favor of Plaintiff, and granted her damages in the amount of $1,315. Specifically, the trial court ruled that the Statute was inapplicable to Plaintiff because her claimed damages were in excess of the deposit amount.
- 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.