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Property Keyed to Saxer
Adrian v. Rabinowitz
Citation:116 N.J.L. 586, 186 A.29
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- 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:
Adrian entered into a lease with Rabinowitz on April 30 for property in the main business district in Patterson, N.J. By the terms of the lease, Adrian was to take possession of the leased space on June 15 for a term of six months and pay full rent up front, in lump sum. The prior lessee ignored the landlord‘s notice to vacate by June 15, and Rabinowitz instituted removal proceedings which were executed on July 7. Adrian took possession on July 9.
The trial court judge found for Adrian, and awarded a damage amount of $500. This amount was based on a finding of fact by the judge, wherein he found Adrian would have sold of $2,800 worth of seasonal merchandise had the lease terms been followed, but was forced to offload the merchandise for 25% under cost (depreciation). The judge awarded the defendant $25 in offset—the prorated rent Adrian owed for the time actually in possession of the property.
- 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.