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Hotz v. Minyard
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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:
On October 24, 1984, Dobson, Respondent, a South Carolina Lawyer, drafted decedent’s will. Decedent had a daughter, Judy, and a son, Tommy. Decedent owned two automobile dealerships, the Greenville Dealership and the Anderson Dealership. In decedent’s first will he left the Greenville Dealership to his son, gave other family members bequests totaling $250,000, and divided the remainder of his estate equally between his son and a trust for his daughter, Appellant. The same afternoon that decedent executed his first will, he returned to respondent’s office and signed a second will containing the same provisions as the first will except that it gave real estate upon which the Greenville Dealership was located to Tommy outright. Decedent instructed respondent not to disclose the existence of the second will and specifically directed that Appellant not be told about it. In January 1985, appellant called respondent requesting a copy of the will her father had signed the morn ing of October 24, 1984 and with decedent’s permission, respondent discussed the first will with appellant in detail. Respondent explained decedent’s intent to provide for appellant as he had for his son when and if she became capable of handling a dealership and respondent made notations to this effect on the copy of the will he discussed with appellant. Appellant claims respondent told her the will she was shown was in actuality decedents last will and testament and appellant believed the handwritten notes were part of the will. Respondent denies making that express statement but admits that he never told her the will he discussed with appellant had been revoked. In January 1986 decedent was admitted to the hospital for various health problems and while decedent was ill, appellant and her brother decided appellant would care for decedent while he temporarily ran the Anderson Dealership. Appellant questioned her brother’s financial dealing while he was running the Anderson Deale rship and consulted an Anderson law firm regarding her concerns. Respondent was granted summary judgment on the cause of action for breach of fiduciary duty. Appellant 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.