Property Law Keyed to Dukeminier
Berg v. Wiley
CaseCast™ – "What you need to know"
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:
Mr. Wiley, the Defendant (Defendant) and landlord leased land to Berg, the Plaintiff (Plaintiff), for use as a restaurant. The lease was for five years and required the tenant to bear all costs of repairs/remodeling and make no changes to the building structure without the Defendant’s approval. The relationship broke down when the Plaintiff allegedly remodeled the restaurant without the Defendant’s approval and allegedly operated the restaurant in violation of the state health code. Per the advice of his attorney, the Defendant changed the locks to the restaurant. The jury found that the Defendant had wrongfully locked the Plaintiff out and awarded damages. The jury also found that the Plaintiff did not abandon the premises by closing it for renovation as the Defendant alleged. The 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.