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Property Law Keyed to Dukeminier
Howard v. Kunto
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 Appellants had a deed to land that described a 50-foot wide parcel on the shore of Hood Canal. The error before the court is the 50-foot parcel of land occupied by the Appellants is not the parcel of land described in the deed, rather, the Appellants’ house stood on one lot and his deed described the adjacent lot. This error in the deed likely occurred over twenty years prior, with the Appellants predecessors to the land. The Respondents, whose deed stated they owned the land upon which Appellants’ house stood, commenced an action to quiet title. The trial court denied the Appellants’ claim of adverse possession, stating they failed show continuity of possession or estate to permit tacking of adverse possession from the predecessors. The trial court also found the Appellants’ possession not to be continuous as it only included summer possession.
- 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.