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Contracts Keyed to Kunz
EverBank v. Marini
Citation:134 A.3d 189 (Vt. 2015)
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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:
Defendant Gary Marini sought to borrow money against his and his wife’s Middlebury, VT home; his wife, Defendant Caroline, did not think it was a sound financial decision. When she repeatedly refused to co-sign the loan re-mortgaging their home, Gary became angry and berated her in front of their children, threatened her with divorce and waved a pair of scissors around while repeatedly stating that she was incompetent. The next evening a notary from LendingTree (the company who owned the loan at the time) came and witnessed Caroline sign the document and when the representative asked her if her signing was a free act she replied that “it is what it is.”
- 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.