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Property Law Keyed to Kurtz
Louisiana Leasing Company v. Sokolow
Citation:48 Misc.2d 1014, 266 N.Y.S.2d 447
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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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- 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 petitioner and respondents signed a lease that claimed that the tenant could not permit any “disturbing noises in the building by himself, his family, servants, . . . that will interfere with the rights, comforts, or convenience of other tenants.” This is known as a noise covenant. Another set of tenants, the Levins subsequently moved into the apartment below the respondents after the respondents had already become settled in their own apartment. The Levins later complained to the petitioner about the respondents’ noise levels. After receiving this complaint, the petitioner tried to evict the respondents. The respondents were a young couple with two small children who would run around and play in the apartment. The respondents also expressed an uncooperative attitude when asked to keep the noise down.
- 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.
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- 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.