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Contracts Keyed to Farnsworth
Ortelere v. Teachers’ Retirement Bd
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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:
Grace Ortelere, a 60-year-old schoolteacher, suffered a nervous breakdown and went on leave for mental illness. Her psychiatrist suspected that she suffered from cerebral arteriosclerosis. Plaintiff quit his job to care for his wife. In 1965, Mrs. Ortelere obtained a loan from the public retirement system, with which she had an account, in the largest amount possible and made an irrevocable election to take the maximum retirement benefits of $450 a month during her lifetime, which left her husband with no benefits upon her death. Under an earlier election, she received only $375 a month, but Plaintiff would receive the unexhausted reserve upon her death. Two months after the election, Grace Ortelere died, and her husband sued to set aside her election on the ground of mental incompetence.
- 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.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
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