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Property Keyed to Saxer
Gerber v. Pecht
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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:
Pecht (Defendant) leased property from Gerber’s (Plaintiff’s) predecessor in interest for a five-year term. The lease agreement prohibited assignment of the lease without the written consent of the landlord. On November 9, 1948, Defendant assigned the lease to Moskowitz with Plaintiff’s consent, provided that both Moskowitz and Defendant remained liable for the balance of the term. On February 14, 1950, Moskowitz assigned the lease to Maria and Wilfred Christensen. Moskowitz made the assignment with Plaintiff’s written consent, but without Defendant’s consent. The Christensens later defaulted and vacated the property. Plaintiff sued Defendant and the assignees for damages. The Law Division of the Superior Court granted summary judgment in Plaintiff’s favor. Defendant 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.