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Business Associations Keyed to Bainbridge
Majestic Realty Associations, Inc. v. Toti Contracting Co.
Citation:153 A.2d 321 (1959)
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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.
- 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:
Majestic is the owner of the two-story premises in Paterson, New Jersey. Bohen’s is the tenant of the first floor. The Authority acquire properties adjacent to Majestic’s building. The motive for the acquisition was to establish a public parking area. Some time prior to October 26, 1956, a contract was entered into by the Authority with Toti to demolish several buildings on the street. In demolishing the walls, Toti used a large metal ball, suspended from a crane which was stationed in the street. There was testimony that every time the ball would strike a wall, debris and dirt would fly and the Majestic building rocked. In characterizing a demolition undertaking of this type, plaintiffs’ expert witness said it was hazardous work. Plaintiffs sought compensation from defendants for damage to Majestic’s building and to Bohen’s goods.
- 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.