Confirm favorite deletion?
Property Law Keyed to Singer
Blakeley v. Gorin
Facts
Petitioners own two parcels land separated by an alley. One lot is vacant; the other is the site of a hotel. They plan to build a structure on the vacant lot and will connect it to the hotel by a bridge over the alley. Respondents own a parcel of land adjacent to the vacant lot and which backs the same alley. The land has apartments, and the rear apartments derive their light and air from windows that face the alley. The Commonwealth of Massachusetts created restrictions in 1850, and among them was the requirement of keeping a passageway open in the area that is now the alley. PA statute states that no restriction shall be enforced unless the restriction is of actual and substantial benefit to the person claiming the right of enforcement. Petitioners claim the restriction is obsolete and unenforceable.
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.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.