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Family Law Keyed to Weisberg
In Re Lisa Diane G
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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:
Plaintiffs, adoptive parents of an 8 year old daughter, complain that their adoption decree was procured by the fraudulent conduct or misrepresentations of certain representatives of the Department of Children and Their Families (DCF). Plaintiffs contend that DCF never informed them that the staff of a hospital known for treatment of the emotionally disturbed informed DCF that the 8 year old should not be placed for adoption due to her behavioral problems. The plaintiffs sought nullification of the adoption decree and compensation for expenses incurred. On order was entered denying the parents’ complaint for a lack of jurisdiction. At the court’s insistence, counsel for DCF filed a petition asking that the daughter, now a teenager, be declared a dependent child and placed in the custody of the state.
- 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.