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Property Law Keyed to Cribbet
Orr v. Mortvedt
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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.
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- 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:
Plaintiffs the Orr family and Defendants the Mortvedt family each owned a parcel of land abutting a land-locked lake. Their respective deeds also included rights to a portion of the lake bed adjacent to their properties. A boundary dispute arose between the parties concerning boundary lines and their respective rights to enjoy and use the lake. The Orrs objected when the Mortvedts used, for fishing and boating, parts of the lake beyond the boundaries of the lake bed owned by the Mortvedts. The Orrs filed an actions seeking a resolution of the boundary dispute, and adjudication of whether the owners of a portion of the lake bed have a legal right to access and enjoy the entire lake, an declaration that they have the right to place a fence in the lake to enclose their property, and a determination that they exclusively possess the minerals on their land, inter alia. The trial court held for plaintiffs on all issues, the Mortvedts appealed, and the Iowa Supreme Court affirmed.
- 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.
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- Policy: Identifies the Policy if any that has been established by the case.
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