Confirm favorite deletion?
Contracts Keyed to George
Duncan v. Hensley
Facts
Following four years of marriage, Graddy Duncan (defendant) and Joyce Hensley (plaintiff) gone into a property settlement agreement in consideration of separation. Under the terms of the agreement, Hensley was to get the 440-acre farm, household furniture, cattle and horses, and an automobile, as well as most of the other assets. The court at that point entered a separation declare and endorsed the consented to property settlement understanding. Subsequently, Duncan went to Hensley's place of work and threatened her life if she didn't sign over to him many the benefits she got under the terms of the agreement. Hensley compiled and marked instruments passing on the land, animals, and substantial items to Duncan. From that point, Hensley filed suit against Duncan to cancel the signed instruments arguing that she did so under duress. The trial court agreed and invalidated the agreements. Duncan appealed.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.