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Torts Keyed to Christie
John Larkin, Inc. v. Marceau
Citation:184 Vt. 207, 959 A.2d 551 (2008)
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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.
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- 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:
John Larkin, Inc. and Larkin Family Partnership (Plaintiffs) sued their neighbor, J. Edward Marceau, Jr. (Defendant), for trespass. The Plaintiffs sought injunctive and compensatory relief, arguing that the pesticides the Defendant was spraying on his apple orchard were being carried by the wind onto the Plaintiffs property, damaging the property. The Defendant first filed a motion to dismiss and then moved for summary judgment on the grounds that the Plaintiffs lawsuit was based on nuisance and not trespass, and thus barred by Vermont’s right-to-farm law.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
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- Policy: Identifies the Policy if any that has been established by the case.
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