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Property Keyed to Saxer
Drake v. Smersh
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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 Wallens family owned a cabin on Lummi Island. A driveway extended from the Wallens family lot to a public road. Floyd Kenneth Massey purchased a vacant lot adjacent to the Wallens family lot. Because Massey’s lot lacked a driveway, Massey used a bulldozer to extend the Wallens’ driveway to his lot. Massey did not ask the Wallens’ permission, but the Wallens did not object. Both Massey and the Wallens used the driveway until the Wallens sold their lot to the Wright Fish Company (Wright) in 1975. Massey continued to use the driveway without incident. In 1984, Massey sold his lot to Jess Drake (Plaintiff). Plaintiff was aware the driveway was primarily on Wright’s lot, but continued to use and maintain it without objection from Wright. In 1997, Wright sold the lot to Robert Smersh (Defendant). A year later, Defendant informed Plaintiff that he should no longer use the driveway. Plaintiff brought an action to quiet title in a prescriptive easement. The trial court initially ruled in Defendant’s favor, but after reconsideration, granted Plaintiff a prescriptive easement over the driveway.
- 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.