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Wills Trusts & Estates keyed to Dukeminier
Estate of Shannon
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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:
Shannon executed a will in which he disinherited all other living persons and relatives other than those mentioned in the will. After executing the will, he married Lila Shannon. Russell never changed his will to include Lila Shannon. Lila petitioned the court for family allowance and a determination of an estate distribution as an omitted spouse. Under the Probate Code, an omitted spouse whom the testator marries after executing his will, is entitled to take a certain share of his estate unless the (1), the testator’s failure to provide for the spouse in the will was intentional and that intention appears on the face of the will, (2) the testator provided for the spouse by transfer outside of the will with the intention that the transfer be in lieu of a testamentary provision that is shown by the testator’s statements or from the amount of the outside transfer or other evidence, or (3) the spouse made a valid agreement to waive her rights to the share.
- 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.