SmartBrief
Confirm favorite deletion?
Civil Procedure Keyed to Field
Bernhard v. Bank of America National Trust & Savings Ass’n
Citation:
19 Cal.2d 807, 122 P.2d 892Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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:
Sather authorized Cook to deposit money for her. Cook did so, but later withdrew it and deposited it in his own name. Sather died and appointed Cook her executor. In Cook’s final accounting to the probate court, Bernhard (plaintiff) and other beneficaries under Sather’s will filed objections to Cook’s account and claimed Cook had embezzled the money. The probate court found that Sather had gifted the money to Cook, and therefore allowed Cook’s account.
Then, Bernhard was appointed administratrix. She filed a lawsuit against Bank of America (defendant), seeking to recover the deposit for the estate on the ground that Sather had never authorized Cook’s withdrawal. The bank argued that the issue of whether Sather had gifted the money to Cook was res judicata by virtue of the probate court’s finding. The trial court agreed and granted judgment to the bank. Bernhard appealed.
- 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.
10m 50s