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Contracts Keyed to Summers
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:
Virgil & Gwynneth White (collectively “the Whites”) (plaintiffs) wanted to purchase a home in the Oak Creek area. Despite the fact the particular home that the Whites desired did not have a water supply, they purchased the home anyway. Paul & Ruth Benkowski (collectively “the Benkowskis”) (defendants) owned the home adjacent to the one purchased by the Whites. The Benkowskis had a well in their yard that connected to the Whites’ home. The Whites and Benkowskis entered into a written agreement, in which the latter promised to supply water to the Whites’ home. In return, the Whites paid $400 for the purchase and installation of a new pump and promised to pay $3 a month for use of the water supply plus one-half of the cost of any repairs or maintenance. Over time, the relationship between the Whites and Benkowskis deteriorated and the water supply was intermittently shut off throughout March, June, and July. The Whites sued the Benkowskis to recover compensatory and punitive damages.
- 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.