Property Law Keyed to Singer
GLAVIN V. ECKMAN
The Glavins’, Gentrys’ and Eckman’s all own property near a lake on Martha’s Vineyard. Glavin had plans to restore the wetlands on his land. Mr. Eckman asked if he could cut down certain trees on Mr. Glavin’s property and he refused. Mr. Eckman hired Fragosa of Three Trees, Ltd to trim down trees that blocked his view of the ocean. Mr. Eckman ordered them to enhance the view to the max. It was clear that the job would require cutting of trees on other people’s properties. Fragosa received permission from Gentry to cut down trees on his land for the job for the Eckmans. While cutting down trees on Gentry’s property Fragosa went between 50 and 100 feet over Gentry’s property line onto the Galvin’s property and cut down mature oak trees. The court awarded the amount it would take to restore the trees and then treble damages where applied for an award of 90,000.00.
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.