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Property Keyed to Saxer
Traweek v. Lincoln
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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:
Lincoln, Kearley (Plaintiffs), and Traweek (Defendant) each own lots in the Funderburg Cove Subdivision. The lots are subject to restrictive covenants that were created in 1964. The covenants prohibit the placement of a structure on a residential building lot greater than two stories high. They also limit the use of such structures to residential purposes. In 2005, Defendant placed a mobile home on his property and used it for business purposes. Plaintiffs sought a judgment declaring that Defendant violated the restrictive covenant by placing the mobile home on the lot and sought an injunction requiring Defendant to remove the mobile home. Defendant argued that the restrictions were only applicable to residential lots, and since he used the lot for a business purpose, the restrictive covenants did not apply. Defendant also argued that the language of the covenants did not expressly prohibit the placement of mobile homes on the residential lots. The trial court found that Defendant violated the restrictive covenants and issued the injunction against him.
- 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.