Confirm favorite deletion?
Property Law Keyed to Kurtz
Solomon R. Guggenheim Foundation v. Lubell
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:
Plaintiff owned a Chagall gouache, valued at $200,000. Sometime between 1965 and 1967, the painting was stolen by a museum employee. Plaintiff noticed the painting was missing in the late 1960s but did not discover that it was stolen until 1969 or 1970. Plaintiff took no steps to contact law enforcement or art galleries or dealers to inform them of the theft. Defendants purchased the painting in 1967 from a gallery and owned it for 20 years. In 1986, a former museum employee saw a transparency of the painting and recognized it. Plaintiff traced the gouache to Defendants and demanded its return. Defendants refused and Plaintiff brought an action in replevin to recover the painting. Defendants pled a number of defenses, including a statute of limitations defense based upon Plaintiff’s lack of diligence in recovering the piece. The trial court granted Defendants’ motion for summary judgment based upon this defense, but the appellate court reversed on the grounds that delay alone does not make a replevin action untimely. Defendants 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.