Property Law Keyed to Dukeminier
Ghen v. Rich
ProfessorTodd Berman
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.
- 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 Plaintiff, a fisherman, shot a fin-black whale with a bomb-lance identifying the whale as his. The whale immediately sank to the bottom of the ocean, but floated ashore three days later, 17 miles from where it was killed. Community usage provides that a Finder of the whale notifies the owner and they come and remove the whale. The owner provides a fee for the finder’s services. This method is used because a whale swims very fast and cannot be taken by harpoon and line. The Finder, instead of following custom, advertised and sold the whale to the Defendant. Neither the Defendant nor the Finder knew Plaintiff had shot the whale, but they should of known because the whale had been killed with a bomb-lance.
- 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.