SmartBrief
0
Confirm favorite deletion?
Property Keyed to Saxer
Estate of Phillips v. Nyhus
Citation:
124 Wash. 2d 80, 874 P.2d 154Facts
Phillips and Nyhus had agreed to be joint tenants in a property, and Phillips obtained a quitclaim deed conveying the property to himself and Nyhus. Specifically, the quitclaim deed read in part that the two would co-own the property as joint tenants with right of survivorship. Phillips and Nyhus were then in the process of selling the property, and entered into an earnest money agreement with a third party, essentially functioning as a deposit for the third party’s purchase of the property. Prior to the sale to the third party being finalized, Phillips died. The sale continued, and a dispute between Nyhus and the Estate of Phillips over the distribution of the proceeds resulted in this lawsuit.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.
Topic Resources
Topic Videos 
6m 11s
11m 14s
10m 16s
11m 17s
11m 17s
Topic Refresher Courses 