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Wills Trusts & Estates keyed to Dukeminier
In re Estate of Cross
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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.
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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.
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- 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:
Beulah Cross, the surviving spouse of Carroll R. Cross, lived in a nursing home paid by Medicaid. Cross suffered from Alzheimer’s disease. Because of her lack of mental competency, she could not elect to take her intestate share against her late husband’s will. As a result of the election, she would receive $25,000 and half of his net estate which was $9,000. A statue allowed Courts to elect for a surviving spouse to take if the surviving spouse was disabled. The Court made the election and Cross’s son appealed. He argued that the election was not necessary because Medicaid was covering her expenses.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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