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Property Law Keyed to Dukeminier
Hannah v. Peel
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:
Defendant owned a house, but did not occupy the house. Then, in October of 1939, the house was requisitioned by the government to house soldiers. Defendant was compensated with 250 pounds per month. Plaintiff was housed in the residence in 1940. During his stay he found a brooch. He then alerted Defendant of his find, and took the brooch to the police to find the rightful owner, receiving a receipt. Thereafter, in 1942, the rightful owner was still not located, and the police gave the brooch over to Defendant. Defendant sold the brooch for 66 pounds to a jeweler who resold the brooch for 88 pounds. Plaintiff, through counsel, demanded return of the brooch from Defendant, who refused. The Plaintiff sued claiming return of the brooch, or its value, and damages for its detention.
- 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.