Confirm favorite deletion?
Family Law Keyed to Weisberg
McMillen v. McMillen
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. Review the Facts of this case here:
The parties married in 1975 and produced a son, Emmett. The parties divorced in 1981, with the Wyoming curt awarding primary custody of Emmett to the mother, subject to the reasonable visitation of father. In 1982, father instituted an action seeking partial custody of Emmett. The court awarded general custody to the mother with the right of visitation in the father, limiting the father’s visitation to alternating weekends and holidays, one day every other week and two weeks during the summer. Father sought modification 4 times over the next 6 years and mother sought modification once. Each time the court significantly expanded father’s visitation rights. From 1986 on Emmett repeatedly and steadfastly expressed his preference to live with his father. In 1988 the court awarded general custody to the father. On appeal, the Superior Court vacated the order and reinstated the previous order, determining that: 1) the record failed to present any circumstances warranting a c hange in custody; and 2) the child’s best interests would no t be served by changing custody merely because the child wished it.
- 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.