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Property Law Keyed to Dukeminier
Baker v. Weedon
CaseCast™ – "What you need to know"
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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 Appellee, Anna Plaxico Weedon (Appellee), is the life tenant of a piece of property that was once used as a farm, but is no longer farmed for agricultural use due to a highway bypass that runs through the land. Although not appropriate for agricultural use, the land is appreciating in value due to the development of the surrounding area. The Appellee wishes to sell the property to provide adequate income for the rest of her life, as she can no longer farm the land. The Appellants hold a future interest in the land and do not wish the land to be sold, as it will be worth a great deal more in the future. The lower court ruled for the Appellee stating the land should be sold to prevent economic waste, as the Appellee can no longer generate income from the land. The Appellants were granted an appeal, as their ownership of the property would be divested if the land were to be sold.
- 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.