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Property Law Keyed to Kurtz
In re Marriage of Francis
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- 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.
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- 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:
Thomas and Diana Francis married soon after Thomas was admitted to medical school. They were married for six years, during which time Thomas received his medical degree. While he was in school, Diana earned $5000 a year from an in-home day care. The family otherwise lived on a $45,000 student loan. Upon divorce, an expert for Mrs. Francis determined that Dr. Francis’ enhanced earnings were due to 30% capital investment in his education and 70% his labor in his studies. Since Mrs. Francis had contributed half of the capital investment, she was entitled to 15% of his enhanced earnings, valued at $121,279. The court awarded her a $100,000 lump sum property award and three years of rehabilitative alimony. Dr. Francis appealed, arguing that his medical education was not an asset to be divided and that the calculations were speculative and misleading.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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