SmartBrief
Confirm favorite deletion?
Property Law Keyed to Kurtz
Willard v. First Church of Christ, Scientist, Pacifica
Citation:
498 P.2d 987, 7 Cal. 3d 473, 102 Cal. Rptr. 739 (1972)
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Genevieve McGuigan owned two adjacent lots in Pacifica, with lot 20 being used by the First Church of Christ, Scientist for parking during services. When she sold lot 20 to Petersen, she included in the deed a clause reserving an easement for the church to use the lot for parking during church hours. Petersen then sold both lots to Willard, a realtor, without mentioning the easement in his deed to Willard. Willard became aware of the easement several months after purchasing the property and filed an action to quiet title against the church. McGuigan testified that she had discounted the price she charged Petersen by about one-third because of the easement and would not have sold the property without assurance that the church could continue using it for parking.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.
Topic Resources
Topic Outline
7m 49s
6m 7s