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Property Law Keyed to Singer
Kendall v. Ernest Pestana, Inc
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 City of San Jose owned a hangar at an airport, and leased it to Irving and Janice Perlitch. The Perlitchs assigned their interest to Ernest Pestana, Inc. (Defendant). Prior to assigning their interest to Defendant, the Perlitchs entered into a sublease with Robert Bixler, who started a business on the property. The sublease stated that before the lessee could assign his interest, he had to obtain written consent from the lessor, otherwise the lease could be voidable at the option of the lessor. Bixler wanted to sell his business to Jack Kendall (Plaintiff) and requested consent from Ernest Pestana, Inc., who refused to give it, claiming it had the right to arbitrarily refuse such a request. Plaintiff seeks declaratory and injunctive relief and damages.
- 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.