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Torts Keyed to Epstein
Ensign v. Walls
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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:
Defendant raises and breeds St. Bernard dogs. Plaintiffs are nearby property owners and neighbors. Plaintiffs sued for injunctive relief. The complaint alleged that obnoxious odors came from Defendant’s premises and the continual barking of the dogs interfered with and disturbed the Plaintiffs in the use and enjoyment of their respective properties. Plaintiffs also stated that Defendant’s premises were infested with rats and flies, and that on occasion, dogs escaped from their premises and roamed the neighborhood. Defendant claimed that Plaintiffs are not entitled to the injunction, because many of the Plaintiffs had just recently moved into the area, and were aware of Defendant’s business prior to their move. The court found that Defendant’s business represented a nuisance to Plaintiffs, and that Defendant had not acquired the right to continue the nuisance by prescriptive use of the property. Defendant appealed.
- 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.