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Property Keyed to Merrill
Charles v. Barzey
Citation: UKPC 68 (Dominica)
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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:
Iris Charles, testatrix, was the aunt of the plaintiff, Barzey, and the defendant, Charles. Iris owned several properties, two of those being the property located at No. 9 and the property located at No. 18. Charles occupied the premises next door to property No. 18, where he operated a pharmaceutical business. Iris had always permitted Charles to use both the garage and storeroom of the property at No. 18 for his business. In her will she made a bequest which gifted the property located at No. 9 absolutely to Charles, and then gifted the property at No. 18 to Barzey, with a provision then indicating that Charles was to be allowed to use the garage and storeroom on the property at No. 18 for as long as he wished. Barzey sued to establish she owned the property absolutely, and that Charles had no interest.
- 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.