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Contracts Keyed to Dawson
Marmer v. Kaufman
Citation:2009 WL 2002945, affirmed, 922 N.E.2d 862.
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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:
Paul and his father Henry owned a pharmacy together. Henry issued a number of certificates of deposits for Paul’s benefit in recognition of the additional duties taken on by Paul as Henry aged. In 2002, Henry made his daughter June (Paul’s sister) his Durable Power of Attorney. Henry also turned over a number of assets to June in an attempt to become eligible for Medicaid assistance. June used her Power of Attorney to cash in the certificates that had been issued for Paul’s benefit. Paul sued June in Probate and Family Court, but his claim was dismissed, and affirmed by the Appellate court.
In 2006, June died and was survived by three children. Her son, Richard, served as administrator of her estate. After June’s death, Richard and Paul discussed entering into an agreement regarding distribution of June’s assets including: (1) paying Paul $136,000 plus interest for the certificates, (2) giving Paul 1/2 of June’s assets, and (3) pay for Henry’s nursing home care until he qualified for Medicaid. No agreement was ever signed.
- 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.