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Civil Procedure Keyed to Friedenthal
Thompson v. Thompson
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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:
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.
- 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.