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Civil Procedure Keyed to Cound
New York Life Ins. Co. v. Dunlevy
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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, Effie Dunlevy, brought suit in California state court against her father and New York Life Ins. Co., Defendants, for the proceeds on her father’s insurance policy she claims were assigned to her. The action was removed to federal court. The judge found the policy had been assigned to Plaintiff and rendered judgment in her favor. Defendant answered that the policy had already been determined to belong to Plaintiff’s father, Gould. A judgment by a third party, Boggs & Buhl (“Boggs”) had been entered against Plaintiff, her father, and the insurance company in Pennsylvania. Plaintiff then moved to California. After Plaintiff filed the suit in question, Boggs executed judgment on the policy and Gould denied assigning the policy to Plaintiff and claimed rights to the proceeds. New York Life filed an interpleader action to determine the rights to the proceeds. Plaintiff was sent notice of the interpleader action but did not answer or appear. A jury found no assignment of the policy and paid the proceeds to Gould. Defendant argued that Plaintiff was bound by the disposition in the previous interpleader action.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Policy: Identifies the Policy if any that has been established by the case.
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