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Contracts Keyed to Ayres
Kass v. Kass
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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:
While Plaintiff and Defendant were married, they attempted to conceive children through in vitro fertilization over the course of five years. The procedures failed and at the end of five years, the couple was left with five frozen preembryos. Plaintiff and Defendant signed a consent agreement stating that if the two could not agree on the disposition of the preembryos, the preembryos would be donated to the IVF program for research. Three weeks later, in anticipation of a divorce, Plaintiff and Defendant signed an additional agreement stating that the preembryos would be disposed of as described in the consent agreement and that neither of them would seek custody of the preembryos. Three weeks after this agreement was signed, Plaintiff notified the IVF program that she no longer consented to the destruction or release of the frozen pre-embryos. A month after this notification Plaintiff filed for divorce, seeking custody of the pre-embryos for the purpose of undergoing another implantation procedure. Defendant objected to implantation and sought specific performance of the consent agreement. The state intermediate appellate court ordered enforcement of the consent agreement and Plaintiff appealed. (The remainder of the procedural history does not appear in the casebook.)
- 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.