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Wills, Trusts & Estates keyed to Dobris
Carter v. First United Methodist Church of Albany
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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:
When the decedent died an instrument executed in 1963 was found among her personal papers. It was folded together with a handwritten instrument dated May 22, 1978. The handwritten note was titled her will but it was unwitnessed and unsigned. Pencil marks had been made through several provisions of the 1963 instrument. The decedent had made it known to her attorney that she needed his services in order to change and revise her will and that she had written out some proposed changes on paper. The trial court found that the decedent did not intend to revoke her will be scratching through some of its provisions and writing out the proposed changes on paper. The Caveator contends that the court erred in admitting the will to probate because the Propounder did not produce any evidence to rebut the presumption of revocation.
- 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.