Family Law Keyed to Weisberg
Doe v. Duling
Appellees Jane Doe and James Doe were unmarried adults that engage in sexual intercourse in Richmond, Virginia with unmarried members of the opposite sex. Jane Doe further alleges that she engaged in unlawful cohabitation. These acts violated Virginia statutes outlawing fornication and cohabitation. Neither has been arrested or threatened with arrest, but claim that they have abstained from such acts due to fear of arrest which could cause personal embarrassment and affect their professional standing. Appellees submitted depositions of police officers stating that all laws are enforced and that they would investigate allegations of cohabitation and fornication, time permitting. However, no arrests for cohabitation had occurred in recent history and no recent fornication arrests had involved fornication in a private residence. The district court found that the appellees had standing because of the threat of prosecution.
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.