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Property Keyed to Sprankling
Emanuel v. Hernandez
Citation:728 N.E.2d 1249 (Ill. App. Ct. 2000)
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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:
Plaintiffs own the property at 920 Pearl Street in Belvidere and Defendants own the property immediately north of them at 914 Pearl Street. The property line bisects a driveway, but most of the driveway is on Defendants’ land. The use of the driveway is essential to the enjoyment of the property at 920 Pearl, as the driveway is the only way a car can get to the garage. Defendants constructed a fence on the property line so that Plaintiffs could not use the driveway. Plaintiffs brought a suit seeking declaratory judgment for an easement by implication over the driveway. The complaint alleged that originally, one person owned both properties, and before title was separated, the use of the driveway to gain access to the garage was continued, open, and intended to be permanent. Moreover, since moving in, Plaintiffs had shared the costs of improving or repairing the driveway with their neighbors at 914 Pearl Street.
- 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.