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Family Law Keyed to Weisberg
Turner v. Turner
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- 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.
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- 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:
Rebecca and Charles Turner were married and had two children before separating in 1984. In 1990, the trial court awarded Ms. Turner custody of the children, granted Mr. Turner visitation rights, and ordered him to pay child support and the children’s medical insurance. The trial court denied Mr. Turner’s post-trial motion to alter or amend the child support award, but granted him additional visitation. In November 1990, Ms. Turner sought to have Mr. Turner held in contempt for being in arrears in his child support. Mr. Turner admitted he was delinquent and requested a reduction because he was financially unable to comply with the order. He paid all child support due through November 1990, and agreed to pay for the children’s medical expenses. In January 1991, the court found Mr. Turner in contempt for failing to pay child support and obtain medical insurance for his children. The court did not act on Mr. Turner’s petition to modify child support because he came to court with unclean hands. Additionally, the court ordered Mr. Turner to pay monthly expenses to reimburse Ms. Turner for obtaining medical insurance. In May 1991 Ms. Turner filed a second petition to hold Mr. Turner in contempt for inappropriate conduct while he was returning her son from visitation. In December 1993 she filed a third contempt petition alleging Mr. Turner harassed and abused her and the children and was seriously delinquent in child support obligations. After an ex parte hearing, the court ordered Mr. Turner’s arrest and suspended his visitation rights. He responded that he was unable to meet the child support obligations and again requested a reduction. In January 1994 the court found Mr. Turner in criminal contempt for violating orders prohibiting him from harassing and abusing Ms. Turner and the children and in civil contempt for failing to make his child support payments. He was sentenced to jail and the court ordered that his visitation would be summarily suspe nded if he did not make prompt and timely support payments. The court summarily suspended his visitation prior to his release from jail for failure to pay. Mr. Turner filed another petition in July 1994 requesting modification, in December 1994 the court denied his petition.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Policy: Identifies the Policy if any that has been established by the case.
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