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Property Law Keyed to Cribbet
Snow v. Van Dam
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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:
Between July 1907 and January 1923, almost all the lots were divided and sold to various individuals, including Plaintiffs, with a restriction on its use. The restriction in the deeds states that only one dwelling house can be built on the lot, and the building may not cost more than $2500.00. If the owner of the lot wishes to build an outhouse, the owner has to seek permission of the grantors. The low and marshy portion of the land in the neighborhood was sold in 1923, to Robert Clark (Clark), subject to a restriction, which stated that only one dwelling house could be built on any one lot and the cost shall not exceed $2500.00 unless the plans for a house costing more are submitted to the grantor for approval, and no outhouse could be built without consent. Clark conveyed a lot in the marshy area to Defendant subject to the deed restrictions “in so far as the same may be now in force and applicable.” The phrase could not have created any new restrictions. The Defendant built an ice cream and dairy store on the premises. The Plaintiffs sued for an injunction claiming a violation of the restrictions.
- 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.
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- 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.