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Contracts Keyed to Calamari
Francois v. Francois
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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:
The Plaintiff, Victor H. Francois (the "Plaintiff"), was married to the Defendant, Jane Francois (the "Defendant"), on May 13, 1971. The Plaintiff was fifty and the Defendant was thirty at the time of the marriage. The Plaintiff was very wealthy. The Defendant was twice divorced and had two children ages sixteen and thirteen. Shortly after the parties' marriage, they began having problems. Nonetheless, the Plaintiff purchased a home for the parties and he paid the down payment and assumed responsibility for the mortgage payments. The Plaintiff adopted the Defendant's children. The Plaintiff conveyed real property and securities to the Defendant. The Defendant also was given power of attorney over the Plaintiff's stock portfolio. Additionally, the Plaintiff purchased the Defendant a boat, which she subsequently sold and kept the proceeds. The parties "also executed reciprocal wills leaving the entirety of the marital estate to the surviving spouse or, if no spouse survived, to the children." The Defendant decided to divorce the Plaintiff on October 8, 1974 and contacted an attorney. The Plaintiff was then invited to the Defendant's attorney's office and presented for his signature a "Property Settlement and Separation Agreement" (the "Agreement"). The Plaintiff and her attorney told the Defendant that the only way he could save his marriage was if he signed the Agreement. An attorney named Ball advised the Plaintiff that the agreement was financial suicide, but he signed the Agreement nonetheless. The Agreement transferred the Plaintiff's interest in much of his property including his remaining securities and the marital home to the Defendant. After the Agreement was signed the parties only lived with one another for one more year, and the Defendant began selling the Plaintiff's securities. The Defendant eventually left the Plaintiff. The Plaintiff sued for rescission of the Agreement and reconveyance of all property the Plaintiff sold. The District Court found that the Agreement was null and void for four reasons: "1) the cohabitation of the parties subsequent to the signing of the agreement; 2) the undue influence exerted by Jane over Victor in connection with the signing of the agreement; 3) fraud and misrepresentation on the part of Jane; and 4) the unconscionable terms of the agreement."
- 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.
- Court Direction: Shares where the Court went from here for this case.