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Wofford v. Vavreck
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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:
The Woffords (Plaintiffs) rented a mobile home in a mobile home community owned by Cripe and managed by Vavreck (Defendants). The written lease agreement between Plaintiffs and Defendants included a clause that allowed Defendants to take immediate possession of the mobile home, without providing notice to Plaintiffs, in the event that rent was not paid timely. After Plaintiffs failed to pay rent for an extended period of time,Defendants served Plaintiffs with a document titled “Three Day Notice of Nonpayment of Rent.” The document indicated that Plaintiffs owed over $600 in back rent and late charges, demanded immediate payment in full, and their failure to do so would result in Defendants repossessing the mobile home. Plaintiffs failed to pay as demanded. Defendants placed a padlock on the door of Plaintiffs’ residence and stopped all water and electric service. Plaintiffs sued Defendants seeking a preliminary injunction that would restore possession of their mobile home and seeking additional relief. The trial court granted Plaintiffs’ request for a preliminary injunction. Defendants 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.