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Contracts Keyed to Farnsworth
Monarco v. Lo Greco
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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:
Natale and Carmela Castiglia were married. Carmela had three children by a previous marriage, John, Rosie, and the defendant, Christie. Natale had one grandchild, Plaintiff Carmen Monarco, the son of a deceased daughter by a previous marriage. Natale and Carmela invested approximately $4,000 in a half interest in agricultural property. The other half interest was acquired by Rosie and her husband Nick Norcia. At the time Natale and Carmela invested in the venture, Defendant was still in his teens and resided with them. When he reached eighteen, he chose to leave the home to make an independent living. In order to induce Defendant to participate in the family venture, Natale and Carmela proposed that they would keep their property in joint tenancy so that it would pass to the survivor who would leave it to Defendant by will. Defendant performed his end of the bargain by remaining at home and working diligently in the family venture. He received only room and board and spending money. He gave up any opportunity for further education or a chance to accumulate property of his own. When he married, he asked to secure some present interest to support his wife, but Natale and Carmela denied the request stating that his new wife should move in with the family and Defendant need not worry because he would receive all the property upon their deaths. At some point before his death, Natale became dissatisfied with the agreement and decided to leave his half of the joint property to Plaintiff. Without mentioning it to Carmela or Defendant, Natale terminated the joint tenancies and revised his will leaving all of his property to Plaintiff. Upon his death, the will was probated, and Plaintiff brought this action for an accounting and partition.
- 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.