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Torts Keyed to Underwood
Tencholm v. Ratcliff
Citation:
646 S.W.2d 927 (Tex. 1983)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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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 defendant was a land developer who entered into an agreement with a loan company to develop and sell lots in West Plano Texas. The defendant would eventually hold a “draw meeting” to solicit local builders in the area. The meeting was attended by several builders including the plaintiff. At the meeting, the developer discussed the “Greenhollow development” and invited the builders to purchase lots in the subdivision. During the presentation, the defendant stated that a mobile home located near Greenhollow would be a future shopping center. When asked about the mobile home, the developer stated:
“Don’t worry about it, that’s zoned commercial, and that property has already been sold. Those people have been notified that their leases will not be renewed, so the park should close up sometime in April and after that, why, after they get everything moved out over there, they will come in and bulldoze it down so by June or July it will be like there’s never been a park there, and that will coincide actually just fine with the grand opening out there.”
The plaintiff decided to build several houses on the lot. However, the mobile home was not moved by the time the houses were for sale. The Greenhollow subdivision did poorly.
- 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.
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- 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.