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Family Law Keyed to Weisberg
Rivkin v. Postal
Citation:2001 WL 1077952 (Tenn. Ct. Ap. 2001)
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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:
David Rivkin and Lori Postal met in April 1994. Mr. Rivkin was a married man with three children and a successful produced. Ms. Postal was a 28-year-old divorcee. Within a short period of time, they began living together. They had a child together in Septemeber 1995. Mr. Rivkin was the parties sole source of support and was able to provide an effluent lifestyle. Ms. Postal was concerned that her family knew she was living with a married man and had given birth to his child. She wanted Mr. Rivkin to buy her an engagement ring and he refused, so she ordered a ring for herself and told her parents that she and Mr. Rivkin were planning to wed after he was divorced. Mr. Rivkin did not contradict her but the parties never discussed wedding plans. In March 1997, Mr. Rivkin divorced his wife and then, three months later, ended his relationship with Ms. Postal. In Sepetember 1997, Mr. Rivkin filed suit seeking partition of the parties’ jointly-owned property and the return of his personal property that was still in Ms. Postal’s possession. Ms. Postal responded with a counterclaim seeking damages for breach of promise to marry.
- 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.