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Property Law Keyed to Dukeminier
Waldorff Insurance and Bonding, Inc. v. Eglin National Bank
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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 Defendant entered into a written purchase agreement for a property contained in a condominium unit. On three separate occasion: 1973, 1974 and 1975, the owner of the condominium unit executed mortgages with Plaintiff, which included Defendant’s property. In 1975, after Defendants mortgage had been recorded, the owner of the condominium complex executed a quitclaim deed for the Defendant, which was recorded. To finalize the purchase of the unit, Defendant ‘wrote off’ a debt owed to it by the owner of the condominium complex. This write-off was treated as payment by the Defendant of the final amount due on the purchase price of the unit. In 1976, the Plaintiff brought a foreclosure action against the owner and Defendant. The trial court found for the Plaintiff and ruled that the Defendant did not have an interest in the unit superior to that of the Plaintiff. Defendant appealed.
- 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.