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Contracts Keyed to Burton
Powell v. City of Newton
Citation:708 S.E.2d 723
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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 City of Newton (defendant) planned on constructing a park on land abutting Powell’s (plaintiff) property. Powell sued the City of Newton, alleging that the city’s agents had trespassed on his property. The case went to trial, during which the parties reached a settlement agreement in which Powell would get $40,000 in exchange for quitclaiming his interest in the disputed land. The parties used email to memorialize the agreement. At the same time, the City of Newton delivered $40,000 to Powell’s attorney. Powell later refused to physically sign the agreement. The City of Newton moved for a court order to require Powell to meet his obligations under their settlement agreement. Powell argued that he was not bound by the agreement because it was void under the statute of frauds. The trial court ordered that Powell execute the settlement agreement. Powell appealed.
- 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.