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Family Law Keyed to Weisberg
Delong v. Delong
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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:
Mother and father were married in 1985. As a condition of marriage, father asked mother to submit to a psychological evaluation to test the parties’ compatibility for marriage. During a meeting with the father’s psychologist, mother revealed that she was sexually attracted to both men and women and had engaged in sexual activity with women in the past. Based on mother’s expressed commitment to a monogamous relationship, father married mother. Three minor children were born to the marriage, and mother stayed home to care for them as well as father’s son from a previous marriage. In 1994 mother filed a petition for dissolution of marriage requesting joint legal custody of the minor children and that she be designated the primary physical custodian of the children. Father filed an answer requesting the court dissolve the marriage and award him sole custody with restricted visitation to mother. Evidence was presented at trial that mother engaged in homosexual conduct and in volved herself in extramarital affairs with women during the marriage after concluding the marriage was irreparable. Mother testified that all sexual encounters had been discreet and the children did not know the nature of the relationships. Father testified that he had an extramarital relationship after separation. The trial court awarded sole custody of the children to father, finding this would be in the children’s best interests due to mother’s homosexual relationships. The court also restricted mother’s visitation with the children, ordering her to refrain from having any person known to be a lesbian present during visitation. It further directed the guardian ad litem to monitor a telling session where mother would tell the two older children that she is homosexual.
- 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.