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Property Keyed to Saxer
Ark Land Company v. Harper
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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:
In 2001, Ark Land Company (Defendant) purchased a portion of property belonging to several members of the Caudill family. The Caudill family had exclusively owned the land in West Virginia for nearly 100 years. Defendant sought to purchase the remainder of their property from the other Caudill family members (Plaintiffs) in order to extract coal from the entire property. The remaining members, however, refused to sell their land. Defendant thereafter sued to partition and sell the property. Plaintiffs, in turn, sought partition in kind. During proceedings, Plaintiffs presented expert testimony stating that the property could be partitioned in kind. But Defendant presented expert testimony calculating that partition in kind would result in an increase of several million dollars in mining costs. The circuit court ruled that partition in kind was inconvenient and ordered the partition and sale of the property.
- 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.