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Conflicts Keyed to Currie
Van De Sande v. Van De Sande
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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:
Davy Van De Sande (Plaintiff) and his mother abused his wife and daughter verbally and physically while they resided in Belgium. They went to visit Jennifer Van De Sande’s (Defendant) family in the United States and she chose to not return to Belgium and instead keep her children in the United States. Plaintiff threatened to kill her, the children, and her entire family. Defendant’s father called the police and had Plaintiff removed from the house. Plaintiff returned to Belgium and petitioned a Belgium court for the return of his children, according to the Hague Convention’s provisions against child abductions. Meanwhile, Defendant petitioned a U.S. federal court to excuse return, on grounds that returning would place the children at grave risk of physical or psychological harm. The district court granted summary judgment for Plaintiff, on the ground that there was no indication that the Belgian legal system could not or would not protect the children.
- 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.