Property Irac essay

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Bob and Anna husband and wife,
live together in Memphis, Tennessee. While they are married, they decide to
purchase a condominium in Gatlinburg, TN so that they can have a place to start
when they go to visit Great Smokey Mountains National Park, as they like to do
several times each year. They purchase the condo as tenants by the entirety and
pay for the condo with marital funds.

Unfortunately, in 2004,
Anna and Mark’s marriage went sour and they decided to divorce, although they
maintained an amicable relationship. Since both parties wanted to continue to
have access to the condo in Gatlinburg, they had their attorneys insert the
following language into the divorce settlement:

“Both parties hereto agree
that as long as both parties are living, neither party may sell, encumber or
otherwise partition our condominium in Gatlinburg, TN without the consent of
the other party.”

In 2014, Bob falls on hard
financial times. He really wants the money that he could get by selling his
half of the Gatlinburg condo. However, Anna refuses to partition or buy out Bob
since she wants continued access, but cannot afford to buy Bob out.

Bob brings an action to
partition the property, claiming that the clause in the divorce agreement is
unenforceable because it is an invalid restraint on alienation.

Is the clause enforceable? Please write an essay answering this
question. Please follow this I.R.A.C style which was given to me by my mentor,
2 cases with Tn law must be presented.   IRAC =
Issue – Rule – Analysis – Conclusion. It is a way to organize  your work
in a legal memorandum to insure you have all the components necessary when
using case law to form an answer to a legal question. Below is a general
breakdown of what goes into each section for a basic style of IRAC organized
memorandum: Summary of Facts: Here you state what the assignment facts are;
what the hypothetical case is about that the assignment describes. It tells the
reader where the issue comes from that is being researched, discussed and
concluded. ISSUE: Here you create a simple statement that tells what it is (the
question) that the case law is going to answer regarding the assignment facts.
You want this worded so that the reader clearly understands what the
controversy is and what needs to be determined by the case law. RULE: This is
where you present cases that address the issue at hand. When you present your
cases you want the proper citation and then to include three parts of each
case: 1. What the law is that was determined to govern (rule) over the issue;
2. Brief details of the case to show HOW the court applied that law in order to
make their decision; 3. The court’s decision When reading through cases take
note of key words such as “required elements,” “two part test,” and other
phrases that indicate some sort of criteria required by law for a claim. These
make it easy to spot key areas of law that are essential to include. Look for
where the court defines a legal theory, as within a definition is often found
the criteria for what the law is surrounding the theory. The court will often
define a theory, establish a list of required elements, etc., and then begin to
discuss how the facts of the case fit into what the law requires and if certain
aspects are met or not met in order for the outcome to be decided. Below is an
example of how law would be presented in the Rule section:

In regard to blah blah case,  Faber v. Blurber, 400 NM. Super. 100 (200),
established three elements that must be examined in order to determine if a
custodial parent should be permitted to relocate at a considerable distance
from the non-custodial parent: 

1. The potential advantages of the proposed move, economic
and otherwise, and the likelihood the move would improve substantially the
quality of life for the custodial parent and the child and is not the result of
a momentary whim on the party of the custodial parent; 2. The integrity of the
motive of both the custodial and non-custodial parent in either seeking the
move or seeking to prevent it; 3. The availability of a realistic substitute
visitation arrangement, which will foster adequately an ongoing relationship
between the child and the non-custodial parent. Id. at 186. 

Furthermore, the court held that when a reasonable
alternative visitation plan is developed, maintaining weekly visitation with
the non-custodial parent is not necessary and should not prevent a move that
offers an improved lifestyle and substantial advantages to the custodial parent
and children he case would continue to be presented in the write up and
then the details of how that law applied to the case facts in Gruber would be
used in the Application section to indicate how the law would then be applied
to the assignment case in the same manner. Depending on the details, the
outcome of the assignment case might be different than in Gruber, or it may be
the same. Choose at least two cases (or more if the assignment indicates it to
be necessary) that offer the best law relevant to the assignment and present
the case info from those two cases here in the Rule section, with the most
important being the LAW that governs. You can use a combination of paraphrasing
the details of the case and how the court applied and decided, and reserve
direct quotes for the actual law used. 

ANALYSIS/APPLICATION: Here you refer back to the cases in
general, and apply the law to the assignment case based on how it was applied
in your presented cases. You compare and contrast the assignment facts/details
with those in the presented cases to show how/why the court would apply the law
in a particular way to form an outcome. By the end of this discussion, your
conclusion should be obvious to where it seems to be restating the obvious when
you write the conclusion below. An example of how to apply case law using the
case above is: In our case plaintiff father seeks to prevent defendant mother from
relocating from Pennsylvania to New York with their 10 year old child. The
court needs to apply the factors established in Gruber v. Gruber, 400 Pa.
Super. 174 ( 1990), to determine if such a move should be allowed even though
it requires a change to the child custody/visitation agreement. The first
factor in Gruber is to assess the advantage afforded to the child and mother
and determine the benefit. As found in Gruber, where the mother had obtained a
new position in New York which provided a higher salary as well as tuition for
a wellrespected private school, the defendant mother in our case has been
offered a position in the state of NY which will increase her economic
stability and ability to provide for her son. The school district the potential
move would allow the child to attend is a sought after district in the area. In
addition, the pending marriage of the defendant mother would provide a stable
home environment and further support for the child. This satisfies the first
factor in Gruber and establishes that the move is not on a “whim” or without
basis or focus on the best interest of the child. (This would continue on from
here applying each factor established in the rule and how the court used it to
the facts of the case at hand. It would compare and contrast the situation in
the presented case to determine how the law would relate and apply to the
situation being determined.) 

CONCLUSION: Here you give a very brief and concise statement
that establishes the “answer” to the issue(s) of the assignment. Do not repeat
case details or analysis/application. Simply give the answer to the issue
statement. An example conclusion statement: According to Pennsylvania law,
defendant Smith would be granted permission to move with the child to NY as all
the required factors have been successfully met regarding advantage, motivation
and a revised visitation agreement. A few generallegal writing tips

 Legal writing does not use the APA format. Textbooks
and bibliographies are not part of a legal memorandum.
· Single spacing with NO first line paragraph indent is
standard format.
· Quotes over 49 words require left block indentation without
the use of quotation marks.
· ANY direct wording from a case or source MUST have a legal
citation in order to not be considered plagiarism

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