Confirm favorite deletion?
Property Law Keyed to Singer
Martin v. Carter
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:
Martin (Appellant) and Lester Fletcher held residential property in joint tenancy. Appellant contracted with Jack Spicer Real Estate, Inc. (Spicer) for sale of the property. The purported signatures of Appellant and Fletcher appeared on the deed. Appellant never actually signed the contract or lease. Fletcher had had a clerk forge Appellant’s signature. Spicer contracted to sell the property to William and Marie Carter (Appellees). Appellant discovered the forged sales contract. Fletcher admitted the forgery. Appellant contacted Spicer and stated she never signed the conveyance. For financial reasons, Appellant did not take legal action to pursue the issue. Spicer conveyed the property in fee simple to Appellees. Appellees had no knowledge of Appellant’s interest in the property. They improved the property. Twenty-three months after discovering the forgery, Appellant filed suit to have the property returned to her.
- 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.