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Wills, Trusts & Estates keyed to Dobris
Gonsalves v. Superior Court
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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:
Testator was suffering from terminal colon cancer. She was hospitalized, however doctors testified that she was mentally alert and competent. Testator’s friend, Colleen Ganaye, contacted Petitioner Gonsalves stating that the testator wished to discuss estate planning matters. Gonsalves met with the testator at the hospital. Gonsalves testified that the testator was coherent and expressed a desire to disinherit her closest living relative, her niece Dolores Picardo, and to leave her entire estate to Ms. Ganaye. Theses intentions were stated on a videotape and a will was executed. After being disinherited, Real party in interest alleged fraud and professional negligence against Petitioner attorney. The trial court granted the Petitioner’s motion for summary judgment and the Real party in interest now appeals.
- 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.