Wills, Trusts & Estates keyed to Dobris
Bacardi v. White
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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:
Petitioner Adriana Bacardi and Respondent Luis Bacardi were married for two years and had no children. The final judgment dissolving their marriage incorporated an agreement that Respondent pay Petitioner alimony of $2000 per month until either party’s death or until Petitioner remarried. Respondent stopped paying alimony and Petitioner obtained two judgments for unpaid alimony and a third judgment for attorney’s fees. In execution of the judgments Petitioner served a writ of garnishment on Robert White as trustee of a spendthrift trust created by Respondent’s father for the benefit of his son. In addition Petitioner sought a continuing writ of garnishment for future alimony payments. The district court held that Petitioner could not reach the trust income for alimony before it reached the Respondent-beneficiary unless she could show that it was the settlor’s intent that she be a beneficiary.
- 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.