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Contracts Keyed to Burton
White v. Benkowski
Citation:37 Wis. 2d 285, 155 N.W.2d 74
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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 Whites (plaintiffs) purchased a home that lacked a water supply. The Benkowskis (defendants) owned the adjacent property and had a well in their yard that connected with the Whites’ home. The Whites and Benkowskis entered into a written agreement. Pursuant to that agreement, the Benkowskis promised to supply water to the Whites’ home for ten years or until either the municipality supplied the Whites’ home with water, or the Whites drilled their own well. The relationship between the two families eventually deteriorated. As the relationship became more hostile, the water supply that was controlled by the Benkowskis was intermittently shut off. The Whites sued the Benkowskis for breach of contract.
- 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.