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Property Law Keyed to Cribbet
Shelley v. Kraemer
CaseCast™ – "What you need to know"
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- 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.
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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:
On February 16, 1911, thirty out of thirty-nine property owners in a neighborhood in St. Louis, Missouri entered into a restrictive covenant which stated that for a term of fifty years no property in the neighborhood could be sold or rented to any black or Asian persons. On August 11, 1945, Petitioners Shelley, who were black, bought a property in the neighborhood from Fitzgerald, and Petitioners were not aware of the restrictive covenant at the time of the purchase. Respondents, who were the other owners in the neighborhood, sued in the Circuit Court of St. Louis on the basis of the restrictive covenant with the intention of having the Court divest the Petitioners of their newly acquired property and revert title to Fitzgerald, or to some other person at the Court’s discretion. The Circuit Court declined to enforce the agreement on the basis that not all of the property owners had signed the original covenant. The case was then appealed to the Missouri Supreme Court which rev ersed the Circuit Court’s decision and held that the provisions of the covenant were enforceable against Petitioner. Petitioners then appealed to the U.S. Supreme Court.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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