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Civil Procedure Keyed to Cound
Thompson v. Thompson
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- 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.
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- Brief Facts: A Synopsis of the Facts of the case.
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- 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:
The petitioner-father and respondent-mother became divorced in California, and a California court issued a child custody determination awarding joint custody to the parents. When the respondent decided to move to Louisiana, the California court entered an order granting full custody to the respondent pending the submission of a report from the court investigator, after which the court would make a more studied custody determination. Shortly after the respondent and the child moved to Louisiana, the respondent filed a petition in Louisiana state court for enforcement of the California custody decree. The Louisiana court granted the petition and awarded sole custody to the respondent. Two months later, the California court, upon receiving and reviewing the investigator’s report, entered an order awarding sole custody to the petitioner. The petitioner then brought this action in federal court requesting a decree invalidating the Louisiana order and upholding the California decree. The district court granted the respondent’s motion to dismiss for lack of subject matter and personal jurisdiction, and the Court of Appeals for the Ninth Circuit affirmed. The petitioner then initiated this appeal to the United States Supreme Court.
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