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Family Law Keyed to Weisberg
Alison D. v. Virginia M
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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:
Petitioner Alison D. and Respondent Virginia M. established a relationship together and decided to have a child together, with respondent being artificially inseminated. The planned the conception and birth together an agreed to share jointly in all rights and responsibilities of child-rearing. Respondent gave birth to a baby boy, who was given petitioner’s last name as his middle name and respondent’s last name as his last name. Petitioner shared all birthing expenses and after birth continued to provide for his support. Petitioner and respondent jointly cared for and made decisions regarding the child for his first two years. When the child was two petitioner and respondent terminated their relationship and petitioner moved out of the jointly owned house. They agreed to a visitation schedule, and petitioner also agreed to continue to pay one half of the mortgage and major household expenses. The child referred to both petitioner and respondent as mommy. Three years l ater respondent bought out petitioner’s interest in the house and began to restrict petitioner’s visitation. The next year petitioner moved to Ireland to pursue career opportunities, but continued to try to communicate with the child. Respondent terminated all contact between petitioner and the child. No dispute exists that respondent is a fit parent. Petitioner commenced this proceeding to seek visitation rights pursuant to New York Domestic Relations Law.
- 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.