Confirm favorite deletion?
Property Law Keyed to Dukeminier
Newman v. Bost
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
The Plaintiff, the housekeeper of the deceased, files suit against the administrator of the deceased’s estate, claiming the Defendant had converted items that the deceased had gifted to her in contemplation of his death. Among these items, were a life insurance policy and other valuable papers in the deceased drawer. Close to the interstate’s death, he had called the Plaintiff into his room and given her keys and told her to take them and keep them and to have everything in the house. One of the keys the Plaintiff had received unlocked the deceased’s bureau drawer that contained important papers and his life insurance policy. The court determined that the Plaintiff did not receive the life insurance policy or important papers in the bureau drawer as the deceased had been capable of delivering these items to her and he did not, thus actual manual delivery did not occur.
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.