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Property Law Keyed to Singer
Zurstrassen v. Stonier
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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:
Two Brothers Klaus and Rolf purchased two vacant lots in the Indian River County. Klaus is a German citizen and in September of 1997 he left his brother in charge of the lots. Later that September it appears a deed was recorded conveying Klaus’s interest in the land to Rolf. That October the brothers agreed to sell the lot and Klaus meet with a broker who discovered that Klaus no longer held an interest in the property. Klaus went to his brother who claimed he has no idea why and the brothers executed an agreement that Klaus owned half of the property but that title was in Rolf name alone, and it described how they would sell the property. In June of 1998 Rolf sold the property to Stonier by quitclaim deed. Then in August Stonier sold the property to Wihlborgs. Before Wihlborgs could record his deed, Klaus found out about the transaction and investigated the title. Upon finding that Rolf had forged the deed Klaus instituted a suit to quiet title and for rescission and recorded a lis pendins. Then Wihlborgs recorded his deed. Stonier and Wihlborgs then brought suit against Klaus.
- 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.