SmartBrief
0
Confirm favorite deletion?
Civil Procedure Keyed to Field
Marshall v. Marshall
Citation:
547 U.S. 293, 126 S.Ct. 1735Facts
Pierce Marshall (Plaintiff) was one of the sons of the late J. Howard, and he was the ultimate beneficiary of his estate plan. Competing claims regarding J. Howard’s fortune ignited proceedings in state probate court in Texas. Meanwhile, J. Howard’s wife Vickie (Defendant) filed for bankruptcy in federal bankruptcy court. Pierce filed a proof of claim in the federal bankruptcy court against Vickie. Vickie filed multiple counterclaims against Pierce, including one of tortious interference. The bankruptcy court rejected Pierce’s attack on subject-matter jurisdiction over the tort counterclaim and decided the case for Vickie. The Texas probate court found Pierce’s living trust and J. Howard’s will both valid. Then, a California federal district court accepted the bankruptcy court’s findings and entered judgment for Vickie, finding that Pierce’s behavior was willful, malicious, and fraudulent. The court of appeals reversed for lack of federal subject-matter jurisdiction over Vickie’s tort claim.
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.
Topic Resources
Topic Videos 
1m 41s
8m 29s
Topic Charts & Notes 