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Property Law Keyed to Dukeminier
Spiller v. Mackereth
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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.
- 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:
In 1973, Spiller purchased an undivided one half interest in a lot. Spiller’s cotenants were Mackereth and others. At the time Spiller purchased his interest, the lot was being rented to a company. Three months later, Spiller offered to buy out the other tenants, who refused and Spiller then filed an action to force the sale for division. A few months after his suit, the company vacated the lot and Spiller began to use the building on the lot as a warehouse. Mackereth brought a counterclaim to collect rent from Spiller for use of the warehouse. The trial court found that Spiller had ousted Mackereth and awarded rent. In a separate proceeding, the trial court ordered sale of the lot. Spiller 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.
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