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Property Keyed to Merrill
State of Oregon ex rel. Thornton v. Hay
Citation:462 P.2d 671 (Or. 1969)
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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:
From the time of the earliest settlement in the Oregon territory to the present day, the general public has assumed that the dry-sand area was a part of the public beach and has used the dry-sand area accordingly. The Hays owned a beachfront resort property and they decided to fence in the portion of the dry-sand area included in their title to the property. The State of Oregon sued the Hays to prevent them from erecting fences and obstacles to the dry-sand area included in their title under the theory that the public had a right to use the dry-sand area. The Supreme Court of Oregon affirmed the trial court’s ruling in favor of the State and held that via custom the public had a right to use the dry-sand area on Oregon’s coastline.
- 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.