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Wills Trusts & Estates keyed to Dukeminier
Marshall v. Marshall
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- 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.
- 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:
Marshall promised to leave his wife, plaintiff, one half of his inheiritance. Up until the time that he died, he gave his wife generous gifts. The defendant restricted the plaintiff’s access to her husband’s money. When Marshall was terminally ill, the defendant purchased deferred annuities on his life to deplete Marshall’s assets. The defendant destroyed, backdated, altered, or perepared and presented to Marshall documents under false pretenses. The court ofund that the defensdant committed these acts to prevent Marshall from creating a will in his wife’s favor and to avoid the legal consequence of important dates including his marriage to plaintiff. The defendant relied upon the expertise of an estate planning lawyer when to carry out the scheme.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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