Wills, Trusts & Estates keyed to Dobris
Estate of Goick
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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:
Michael and Barbara Goick were married in 1981 and had three children. In December of 1990 Michael filed for a divorce. At a hearing in April of 1991 the parties agreed on all issued exception the division of household goods. Following the hearing the judge was asked whether the couple was divorce and apparently responded that they were. The parties were unable to agree on the division of household goods and in December of 1991 Barbara, Respondent, filed a motion to divide personal property of the marriage. No further proceeding occurred in the divorce action and no final decree of divorce was issued. Michael died in November of 1992 and two days after his death Respondent moved to dismiss the divorce proceeding and the order was granted. Subsequently Respondent was appointed personal representative over objection of the Appellants that she was not the decedent’s surviving spouse. In addition an oral settlement agreement was reached but not signed by the parties, Appel lants filed a motion to compel settlement that was denied. Respondent also entered into a distribution agreement with the children through their guardian ad litem and such agreement was approved by the court.
- 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.