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Torts Keyed to Underwood
Dominguez v. Equitable Life Assurance
Citation:438 So. 2d 58 (Fla. App. 1983)
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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:
In 1973, the defendant issued the plaintiff a disability income policy of insurance which provided for $500 per month income for accidental total disability for the insured’s lifetime. Shortly after the policy was issued, the plaintiff was involved in an automobile accident that severely injured him. The defendant paid the plaintiff disability income until 1979. At this point, the defendant stopped making payments to the plaintiff. Later on, in 1980, the defendant sent an agent to the plaintiff’s home. The agent falsely represented to the plaintiff that she had received a letter from the doctor saying that the plaintiff was no longer disabled. The agent also falsely claimed that the defendant was no longer covered under the policy, that the policy was no longer in force, and that he had to sign a paper agreeing that no further payments were due under the policy, that it no longer covered him, and that he was no longer entitled to receive benefits under the policy and that he was giving up the policy voluntarily. Before the plaintiff signed any papers, a relative intervened.
- 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.