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Property Law Keyed to Kurtz
Gruen v. Gruen
Citation:Court of Appeals of New York (1986). 68 N.Y.2d 48.
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- 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.
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- 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:
Plaintiff asserts that his father gifted him a painting titled “Schloss Kammer am Attersee II,” which was painted by Gustav Klimt, and retained a life estate in the painting.
Plaintiff’s father allegedly wrote Plaintiff a letter gifting the painting to Plaintiff for his birthday. However, in the letter, Plaintiff’s father stated that he wanted to retain possession of the painting for the duration of his life. Plaintiff never took actual possession of the painting before his father died.
Plaintiff’s father has died and, currently, Defendant is in possession of the painting and refuses to turn over the painting to Plaintiff.
- 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.