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Property Law Keyed to Kurtz
Posik v. Layton
Citation:
695 So.2d 759Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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 and defendant worked together at a hospital. In order to entice the plaintiff to relocate with her, the defendant entered into a support agreement with her in which the plaintiff would live with her for the remainder of her life while the defendant would provide all of the support for the two and would make a will leaving her entire estate to the plaintiff and, and would maintain bank accounts and other non-probate assets in the plaintiff’s name. The agreement also stated that if the defendant caused the plaintiff to move out for any reason, that the defendant would pay the plaintiff $2,500 per month for the remainder of her life. This agreement was drawn by a lawyer and signed by both parties. The agreement was a clear condition for the plaintiff’s relocation.
After the parties signed the agreement and relocated, the defendant became interested in another woman. The defendant later moved out after the plaintiff stopped attending to their house and expressed hostility towards her and her new love interest. The defendant later evicted the plaintiff. The plaintiff sued to enforce the terms of the agreement.
- 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.
