SmartBrief
Confirm favorite deletion?
California Community Property Keyed to Carrillo, 11th Ed.
Marriage of Gillmore
Citation:
629 P.2d 1 (1981)Facts
Vera and Earl Gillmore separated in 1978 after fourteen years of marriage. The trial court dissolved their marriage and divided community property evenly, awarding Vera custody of their minor child plus child and spousal support. Earl’s retirement plan with Pacific Telephone Company was reserved for later determination. Earl became eligible to retire on April 11, 1979, with monthly benefits of $717.18, of which Vera’s community interest was approximately $177.14 per month. Earl, a healthy man in his early fifties, chose to continue working and was not required to retire until age seventy. Vera subsequently requested immediate payment of her share of the pension benefits retroactive to Earl’s eligibility date, which the trial court denied while retaining jurisdiction over the benefits.
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.