SmartBrief
Confirm favorite deletion?
Property Keyed to Chase
Elkus v. Elkus
Citation:
169 A.D.2d 134, 572 N.Y.S.2d 901 (N.Y. App. Div. 1991)Facts
Frederica von Stade Elkus and Peter Elkus were married for 17 years before their divorce. At the beginning of their marriage, the plaintiff had just begun her career with minor roles at the Metropolitan Opera, earning only $2,250 in the first year of marriage. By 1989, her income had increased to $621,878, and she had become a celebrated international artist. During the marriage, the defendant traveled with her worldwide, attended and critiqued her performances, photographed her for album covers and magazine articles, and served as her voice coach and teacher for 10 years. The defendant claimed he sacrificed his own singing and teaching career to support the plaintiff’s career and care for their children. The parties had already stipulated to mutual judgments of divorce and joint custody of their children, with only economic issues remaining for trial.
Only 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.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.