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Property Keyed to Chase
Elk Creek Management Company v. Gilbert
Citation:353 Or. 565, 303 P.3d 929 (2013)
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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.
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- 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 defendant, Gilbert, was a tenant in property owned by the plaintiff, Elk Creek. Sometime before May, 19, 2009, GIlbert made some sort of general complaints to Elk Creek about the electrical system on the property. Elk Creek’s property manager had also noticed an issue and became concerned about the property’s electrical service. On May 19, Elk Creek gave Gilbert written notice that it wanted to do a “walk-through” of the premises. The notice indicated that Elk Creek was going to check out the breaker box and bathroom floor. After the initial walkthrough, the property manager indicated Elk Creek wanted to do a second walk-through on June 16. On June 16th, Elk Creek, the property manager, and a licensed electrician made the second walk-through, and the electrician recommended Elk Creek make repairs to the electrical system. It was apparent to everyone that the repairs would involve a “cost to the owner.” The following afternoon the property manager called Gilbert and informed them Elk Creek had decided to terminate their lease. The following day, Gilbert received a 30-day no-cause termination notice with a note from the property manager indicating he was sorry to have to give the notice, and that Elk Creek had several repairs including updating the electrical.
- 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.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.