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Property Law Keyed to Cribbet
Piggly Wiggly Southern, Inc. v. Heard
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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:
In 1963 the predecessor to the Appellee (lessor) and the Appellant (lessee) entered into a lease agreement where the lessor agreed to construct a supermarket for the lessee according to the lessee’s plans. The lessee drafted the lease which was to commence in 1964 for a term of 15 years, and called for an annual base rent of $29,053.00 as well as a percentage rent of annual gross sales exceeding $2,000,000. The lease was renewed in 1979 for an additional seven years, with options to renew for two additional three year terms. The lessee exercised both subsequent two year options, and after it was acquired by a new corporation, one month into the second term of three years, closed its store, vacated the premises and moved to a new shopping center belonging to the new corporate owner. The lessee continued to pay the annual base rent under the lease and refused to sublease the premises to another store, despite interest from other supermarkets. The lessor filed suit against the le ssee for the alleged breach of the lease. The trial court found for the lessor. Lessee appealed.
- 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.