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Property Law Keyed to Cribbet
Ward v. Mattuschek
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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:
The Defendants owned a 3540 acres ranch, which they agreed to sell by appointing an agent, Red Carnell. The appointment of agent was an unqualified and exclusive agreement to permit Carnell, for a period of thirty days, to sell their ranch for $30,000.00 and a commission of $1,000.00, with the terms of the sale stated as “Cash to seller, possession Dec.1-1953, seller retains 5% land owner royalty, seller pays 1953 taxes, seller transfers all lease land to buyer.” The Defendants and no one else signed the appointment of the agent. Carnell then found a buyer, the Plaintiff, who tendered a check for $2,500.00 toward the purchase, and arranged a meeting with the parties at which time Plaintiff and Defendants got into a dispute, which caused the Defendants to refuse to convey. The Plaintiff sued Defendants for specific performance. The lower court found that the Plaintiff failed to furnish any memorandum sufficient under the statute of frauds subscribed by Defendants or their autho rized agent with respect to the agreement for the sale of property alleged by the Plaintiff. The Plaintiff 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.