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Torts Keyed to Underwood
Longenecker v. Zimmerman
Citation:267 P.2d 543 (Kan. 1954)
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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 Plaintiff was the owner of a piece of realty. One day, without the plaintiff’s permission, the defendant hired the Arborfield Tree Surgery Company to go upon the plaintiff’s property and trim three cedar trees. The work consisted of cutting out dead branches and cleaning out bagworms. However, as a result of this work, ten feet were cut off the tops of the trees and from such topping the trees would never grow any higher. The plaintiff claimed that she did not want the cedars to stop growing. In the plaintiff’s opinion, the trees were destroyed. The plaintiff claimed that she had a sentimental attachment to the trees since they provided shade and could also serve as ornamental trees. The defendant contended that she was mistaken about the boundary between her and the plaintiff and that she believed the trees were on her property.
- 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.