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Wills Trusts & Estates keyed to Dukeminier
Jackson v. Schultz
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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:
Leonard and Bessie Bullock married in 1918. Bessie Bullock had three children from a prior marriage. When Leonard Bullock died, he devised his property to, “my beloved wife, Bessie H. Bullock, all my property real, personal and mixed wheresoever situate…………….,to her and her heirs and assigns forever.” Bessie Bullock died before her husband, but the anti-lapse statute did not apply because it only covered lineal descendants of a testator. Bessie Bullock’s children sold the property under the will to a third party because even though their mother died before their father, the children believed the gift to them was a valid substitute gift for their mother’s gift. The third party and Bessie Bullock’s children entered into litigation to determine who had marketable title to the property.
- 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.