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Property Keyed to Merrill
Gillmor v. Gillmor
Citation:694 P.2d 1037
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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 plaintiff, Florence Gillmor, owned a large parcel of land in tenancy in common with her cousins Frank Gillmor and the defendant, Edward Gillmor. Edward Gillmor was in sole possession of the land and used it to graze his large herd of livestock. Florence also wished to use the land to graze her livestock, and sent Edward a letter expressing her intent to do so, which Edward ignored. Edward refused to respond and continued to graze his livestock in a manner that made it impossible for Florence to graze. Edward indicated that he, and his attorney, invited her to come to the property on a number of occasions, but also testified that any additional grazing would have damaged the land, and that he would have sought an injunctive relief if Florence had attempted to graze.
- 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.