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Property Keyed to Saxer
Shanks v. Floom
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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:
Austin Schiltz and William Floom owned homes located on adjacent lots. Around 1924 or 1925, Schiltz and Floom entered an oral agreement to build a cement driveway between their lots. Each owner paid for half the cost. They each used the common driveway until 1948, at which time Schiltz sold his home to Shanks (Plaintiff). William Floom passed away that year, and his property was inherited by Floom (Defendant). On July 26, 1951, Plaintiff brought an action to quiet title in the driveway and to enjoin Defendant from using it. The Common Pleas Court denied the injunction. The court of appeals affirmed, holding that both Plaintiff and Defendant had acquired an easement over the driveway after over twenty-one years of adverse use.
- 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.