Confirm favorite deletion?
Property Law Keyed to Dukeminier
Murphy v. Financial Development Corp
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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 Plaintiffs bought a house in 1966, financing it by means of a mortgage loan. In 1980, they refinanced using the Financial Development Corp. However in 1981, Mr. Murphy became unemployed and the Plaintiffs fell seven months behind in their mortgage payments. Financial Development Corp. sent notice of foreclosure. The Plaintiffs managed to pay the back payments, but failed to pay the legal fees and late fees associated with the seven months. Eventually, the house was sold at a foreclosure sale to the Financial Development Corp., who later resold it Southern Home Traders, which is also a Defendant in this action. The Plaintiffs sued to set aside the sale. The trial court found for the Plaintiffs and awarded them $27,000 against the Defendants as the difference between what the house was sold for and its purported fair market value.
- 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.