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Contracts Keyed to Summers
Kirksey v. Kirksey
Citation:8 Ala. 131
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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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:
Antillico Kirksey (“Antillico”) (plaintiff) was a widow with several children who resided on public land. Kirksey (defendant) was Antillico’s brother-in-law who lived approximately sixty miles away. Kirksey wrote to Antillico, stating that he had a place where she could raise her family and land that she could cultivate. Upon receipt of Kirksey’s letter, Antillico abandoned her home and moved to a house on Kirksey’s land where she lived for two years. The third year, Kirksey moved Antillico to an uncomfortable house in the woods. Afterwards, Kirksey revoked his promise and kicked Antillico off his property. Antillico sued Kirksey to enforce the promise he made.
- 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.