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Family Law Keyed to Weisberg
Bell v. Bell
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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:
Greg and Debra Bell married in 1986 and separated in 1987. While married, the two shared most child rearing tasks. Sharon Nollman babysat the couples’ child part-time in 1996 and full-time in 1987. She continued to babysit until February 1988, when this trial occurred. The couple agreed to share custody upon separation, with both using Nollman to babysit. They accommodated each other’s schedules. An interim custody hearing directed the couple to continue their weekly alternating schedule of shared physical custody, and to continue utilizing Nollman for babysitting. They continued to accommodate one another and cooperating in making major decisions about their sons medical care. The trial court awarded legal and physical custody of the child to Debra, allowing Greg visitation on alternating weekends and during four one-week periods spread throughout the year. Greg appealed.
- 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.