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Contracts Keyed to George
Farnum v. Silvano
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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:
Viola Farnum (plaintiff), a 90-year-old lady with dementia, sold her home for roughly 50% of the home's estimated worth to Joseph Silvano (defendant), a 24-year-old man who mowed Farnum's yard. In finishing the deal, Farnum was represented by a lawyer paid for by Silvano. After learning of the deal, Farnum's nephew, Harry Gove (plaintiff) recorded suit against Silvano for Farnum's behalf trying to revoke the deal. At trial, the evidence demonstrated that Farnum's mental ability had started to deteriorate three years before the deal. Farnum was often confused and regularly inquired as to why her long-deceased siblings no longer called her. Moreover, while at home Farnum frequently asked about the "noise upstairs," however the home had no second story. The trial court found that, at the time of executing the deed, Farnum was lucid and knew what she was doing. Gove appealed.
- 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.