SmartBrief
Confirm favorite deletion?
Business Entities Keyed to Chiappinelli
Mason v. Mason
Citation:
904 A.2d 1164 (Vt. 2006)Facts
Wife and husband negotiated a divorce stipulation that purported to divide the marital property between them. Parties agreed to retain their own investments and property that was in their individual names, with the exception of a certain number of stocks in wife’s name. With respect to that asset, the stipulation provided that wife was to transfer 16,066 shares of stock to husband immediately. Wife and husband signed the stipulation on August 2003. The family court entered its final decree of divorce. Wife had known since July 31, 2003, that the stock was due to split sometime in the near future. Thus, wife was aware of the impending stock split during the parties’ negotiations, when she signed the stipulation but she did not share that information with husband. Husband filed a motion asking the family court to modify the divorce decree to award him the shares.
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