Constitutional Law Keyed to Chemerinsky
DeShaney v. Winnebago County Dept. of Social Services
Facts
The Petitioner was born in 1979. His parents divorced in 1980 and his father was given custody of him. His father moved to Wisconsin where he remarried and later divorced. His second wife informed authorities of child abuse against the Petitioner and the Respondent interviewed the father. He denied the accusations. Then in 1982 a local hospital reported the Petitioner’s suspicious injuries to the Respondent. The Respondent began monitoring the situation and visiting the child’s home. The social worker noted on at least several occasions that the Petitioner appeared to be suffering from child abuse, yet the Respondent left the Petitioner in the custody of his father. Finally, in 1983 the Petitioner was admitted to the hospital and fell into a coma due to a series of hemorrhages caused by traumatic injuries to the head inflicted over a long period of time. The father was eventually convicted of child abuse.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.