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Conflicts Keyed to Currie
Rosenstiel v. Rosenstiel
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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:
Husband (Plaintiff), a resident of New York, sought to annul the marriage to his wife (Defendant), also a New York resident. Wife (Defendant) was first married to Kaufman. Kaufman, a resident of New York, obtained a Mexican divorce from wife (Defendant) in 1954. He spent one day in Juarez, where he signed the municipal register, the official book of city residents, and petitioned for divorce in the court there. Wife (Defendant) appeared through her attorney, and she admitted Kauman’s allegations of ill treatment. The divorce was granted the same day and is recognized as valid by the Republic of Mexico. Husband (Plaintiff) argued that the Mexican divorce was invalid and that, therefore, wife (Defendant) was incompetent to contract the marriage in 1956. The trial court annulled the marriage. The Appellate division reversed and dismissed the complaint. Husband (Plaintiff) appealed.
- 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.