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Family Law Keyed to Weisberg
Caldwell v. Holland of Texas, Inc
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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:
Juanita Caldwell was a single mother working for Holland, owner of several Kentucky Fried Chicken restaurants. During her three year employment she developed an excellent work record. In June of 1997 Caldwell was forced to take her son to the emergency clinic. She notified her employer prior to her shift, and was given permission to miss the shift. The doctor diagnosed her son as having an acute ear infection, prescribed a ten-day course of antibiotics and informed Caldwell that her son would probably require surgery to avoid permanent hearing loss. Later that night, Caldwell worked an evening shift at another store at the request of her employer while Caldwell’s mother cared for her son. Upon returning to her regular schedule she was abruptly fired. Caldwell averred that her son suffered incapacity for more than three consecutive days and did not participate in normal activities. During a follow up visit, a second ten-day course of antibiotics was prescribed. Ten day s later he had surgery to remove his adenoids and tonsils. Another week of antibiotics occurred after surgery. Caldwell sued, arguing that her termination violated the FMLA. Summary judgment was granted for Holland.
- 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.