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Torts Keyed to Duncan
Wolski v. Wandel
Citation:275 Ned. 266, 746 N.W.2d 143 (2008)
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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:
Stanley Wolski, Jr. (plaintiff) retained Josephine Walsh Wandel (defendant) in a lawsuit against his sister concerning land conveyed to them both by their parents. In that prior action, the defendant had a guardian ad litem appointed to the plaintiff because the plaintiff suffered from certain mental disabilities. With the help of the guardian ad litem, the case was settled and the plaintiff retained a life estate in the property with a remainder interest going to his sister and her heirs subject to certain conditions and payments to the plaintiff. The plaintiff obtained new counsel seeking to vacate this settlement and suing the defendant for legal malpractice. The defendant presented expert testimony that her conduct had not fallen below the requisite standard of care for her profession and filed a motion for summary judgment.
- 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.