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Contracts Keyed to Calamari
Hewitt v. Hewitt
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*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. Review the Facts of this case here:
The Plaintiff, Victoria Hewitt (the "Plaintiff"), became pregnant in June 1960. The Defendant, Robert Hewitt (the "Defendant"), told her that they would live as husband and wife, but that no formal ceremony was necessary. The Defendant told the Plaintiff that he would "share his life, his future, his earnings and his property" with her. The Plaintiff and the Defendant lived with one another for over fifteen years, holding themselves out as husband and wife. The Plaintiff sacrificed a lot in order to further the Defendant's career. The Plaintiff relied on the Defendant's representations that the parties would share in all property equally. The Plaintiff brought suit under on an implied contract theory. The trial court found there was no legal marriage and the Plaintiff only had a claim if there was an actual marriage. The Appellate court reversed, finding public policy was not so offended that the Plaintiff was not entitled to relief, and as such, enforced an express oral contract.
- 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.