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In re Clark
In re Clark
Citation:96 B.R. 569 (1989).
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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:
Clark (the debtor) owned a 24-unit apartment building in Philadelphia. Five of his former tenants (the claimants) filed an adversary complaint against him for damages based on the terrible condition of their apartments. The claimants’ complaints included that the units were infested with mice, the walls were crumbling and full of holes, the toilets did not work, the apartment walls contained lead paint, and one tenant’s kitchen ceiling had collapsed and the floor was caving in. None of the tenants had heat or hot water since spring 1987, causing them to rely on heat from their gas stoves and electric and kerosene heaters, which results in further fire and safety hazards. Due to the lack of heat, two of the tenants placed their children with relatives for the winter.
- 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.