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Property Keyed to Merrill
Delfino v. Vealencis
Citation:436 A.2d 27
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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:
The plaintiffs, the Delfinos, and the defendant, Ms. Vealencis, own, as tenants in common, a 20.5 acre parcel of land. The Delfinos own an undivided 99/144 interest in the property, and the defendant owns a 45/144 interest. The defendant occupies her home, which lies on the parcel, and a portion of land from which she operates a rubbish and garbage removal business. Neither the Delfinos nor Ms. Vealencis are in actual possession of the rest of the property. The Delfinos brought suit to have the property partitioned, because they wished to develop it into a residential subdivision. Ms. Vealencis wished for the property to be partitioned “in-kind.” She appealed the trial court’s order that the property instead be sold at auction.
- 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.