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Family Law Keyed to Weisberg
Muhammad v. Muhammad
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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:
Robert and Debra Muhammad were married and resided in Flint, Michigan until 1987, when they relocated with their child to an Islamic community known as the University of Islam. A second child was born in 1988, and the three lived together at the University until 1989, when Debra left in the middle of the night and took the children back to Flint. Her mother assisted her with her move after she had called and said she was extremely unhappy at the University. Robert and Debra had experienced marital difficulties prior to the move, and Debra had tried Islam and moved to the University to try to save her marriage. Virtually all aspects of life at the University were impacted by religious doctrine, with a strongly paternal family structure. Women were required to submit to their husbands, and could not leave the confines without permission. Their diet was severely restricted and adults ate only once daily with periodic fasting. Mail was subject to censor. Robert appeals the trial court’s grant of a divorce to Debra on the ground of habitual cruel and inhuman treatment. In support he claims that the findings of the chancellor indicate at best that Debra was unwilling to follow the precepts of the Muslim religion.
- 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.