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Contracts Keyed to Farnsworth
Tuckwiller v. Tuckwiller
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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:
Plaintiff and her husband, John Tuckwiller, resided on the Hudson family farm in Missouri. Nearly half of the property was owned by Morrison. Morrison contracted Parkinson’s disease when she was about 70 years old and gave up her residence in New York. At first, Morrison traveled but eventually returned to the Hudson farm. After some health problems and because Parkinson’s is a progressive disease, Morrison urged Plaintiff to quit her job and care for Morrison. Plaintiff assented, and the two reached a written agreement providing that Plaintiff would quit her job and care for Morrison in exchange for Morrison leaving Plaintiff a farm in her will. Plaintiff quit her job, and Morrison made an appointment to change her will. Before it could be changed, however, Morrison became ill and never recovered. The unchanged will stated that the farm shall be sold and the proceeds would be used for a student loan fund at Davidson College. Plaintiff sued for specific performance of the writ ten 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.