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Wills Trusts & Estates keyed to Dukeminier
Johnson v. Johnson
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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:
Johnson, a lawyer, typed a document purporting to be his will. However, Johnson did not sign his name and it was not attested. At end of the document Johnson disposed another gift in his own handwriting, along with the words, “This will is complete …, unless changed or rewritten. Johnson signed his name. Evidence at the trial court showed that before Johnson wrote the handwritten portion, Johnson told his insurance counselor that he had a will that needed revising. Johnson also told his rental agent that he wanted him to witness his will but he never arranged a time to have it attested. In the same year that Johnson added the handwritten portion; his rental agent saw it on Johnson’s desk and asked if he wanted him to sign it as a witness. Johnson replied that he already wrote a codicil and there was no need.
- 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.