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Contracts Keyed to Epstein
Davis v. Jacoby
Citation:
1 Cal.2d 370. 34 P.2d 1026 (1934)
ProfessorMelissa A. Hale
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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.
- 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:
Plaintiff Caro M. Davis was the niece of Blanche Whitehead who was married to Rupert Whitehead. The record is replete with uncontradicted testimony of the close and loving relationship that existed between Caro and her aunt and uncle. By 1930, Mrs. Whitehead had become seriously ill. Mr. Whitehead pointed out that he had lost a considerable portion of his assets; that he needed someone to help him with his wife and that under his will, all the property was to go to Mrs. Whitehead; that he believed that under Mrs. Whitehead’s will practically everything was to go to Caro. He then stated: “Having you Mr. Davis (Caro) here to depend on and to help me regain my mind and courage would be a big thing.” Evidence indicates that Caro arrived at Mrs. Whitehead’s home and took care of her until her death. After the death, however, Caro found out that his name was not included in decedent’s will. Caro brought an action alleging that he is entitled to the estate.
- 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.
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