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Property Keyed to French
Gruen v. Gruen
Citation:496 N.E.2d 869, 83 A.L.R. 4th 955 (N.Y. 1986)
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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.
- 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:
In 1959, Victor Gruen purchased a painting, by a noted Austrian artist, for $8,000. On April 1, 1963, Victor Gruen wrote a letter to the plaintiff, Mr. Gruen, stating that he was giving the painting to Mr. Gruen for his birthday, bit that he wished to retain possession of it for his lifetime. That letter was destroyed, but two subsequent letters referencing the first letter were included in evidence and indicating that for tax purposes the original letter had to be destroyed and new letters sent describing the arrangement. Those letters indicated Victor Gruen was giving Mr. Gruen the painting. Mr. Gruen never took possession of the painting, nor did he seek to do so, with the exception of a brief period between 1964-65 when it was on loan to an art exhibit having restoration work performed. The painting remained in Victor Gruen’s possession moving with him until finally arriving in Vienna Austria where Victor Gruen died on February 14, 1980. After Victor’s death Mr. Gruen requested possession of the painting from the defendant, Mrs. Gruen, who refused. Mr. Gruen then filed suit.
- 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.