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Property Law Keyed to Kurtz
Jarvis v. Gillespie
Citation:155 Vt. 633, 587 A.2d 981
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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 town of Waterville acquired title to a 1.2 acre parcel of land in 1935. In 1947, the plaintiff purchased over 200 acres of land which surrounded the disputed parcel on three sides. In 1986, the town conveyed the disputed parcel to the defendant. In 1988, the plaintiff filed an action to establish ownership of the disputed parcel. The plaintiff argued that he had acquired the parcel by adverse possession before the town conveyed it to the defendant. At various times between 1947 ad 1986, the plaintiff had used the land for a variety of purposes such as grazing cattle and horses, parking vehicles, and storing slab wood from a sawmill, which was located on adjacent property. There were also times when the plaintiff maintained a fence on some of the parcel’s boundaries and posted “No Trespassing” signs.
- 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.