Confirm favorite deletion?
Contracts Keyed to Knapp
Sparrow v. Demonico
Citation:Supreme Judicial Court of Massachusetts 461 Mass. 322, 960 N.E.2d 296 (2012)
Sparrow and Susan Demonico were sisters. Following their mother’s death, the Susan and her husband lived in the family home. Sparrow claimed that she was entitled to one-half interest in the home and brought suit against her sister and brother-in-law. Sparrow and the Demonicos agree to mediate their dispute and the parties ultimately reached a settlement agreement whereby the Demonicos would sell the home as soon as possible and pay Sparrow $100,000 of the proceeds. However, the Demonicos failed to act on their contractual obligations and Sparrow attempted to judicially enforce the agreement. During trial, the Demonicos provided lay testimony that Susan was emotionally distressed at the time of the mediation and lacked the capacity to contract. They claimed that Susan’s speech was slurred, she was uncontrollably crying, and was unable to think rationally.
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.