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Family Law Keyed to Weisberg
Rosenberg v. Rosenberg
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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.
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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:
Eleanor Kantor, appellee and Henry Rosenburg Jr., appellant, married on June 22, 1952. On November 1, 1981, Henry left home with the purpose of ending the marriage. The chancellor for the divorce decree found that appellant had committed adultery many times and appellee had done so once, 2 years after the separation. Appellee’s family had started American Trading and Production Corporation (ATAPCO), which originally consisted of slightly less than 50% interest in Crown Central Petroleum Corporation (Crown) and 25% in American Oil Company (AOC). A merger of AOC and Standard Oil of Indiana produced large stock holdings of the latter company now owned by ATAPCO, which continued to hold approximately 50% of Crown voting stock. ATAPCO was owned solely by family members. Crown and ATAPCO prospered throughout the years and appellant’s assets swelled as he became director for most of ATAPCO’s subsidiaries. At the time of divorce, appellant’s net worth was approximately $33 million. The largest of appellant’s assets which experienced the greatest growth was ATAPCO. Appellee undertook virtually the entire burden of raising the children and maintaining and managing the significant family household at appellant’s request. She also entertained frequently at her husband’s benefit. Appellee’s husband was frequently away from home, and eventually began to pursue other women. In the 1970’s appellee admitted herself to a hospital for drug treatment. Appellant visited to request a separation agreement. She refused and the experience resulted in further hospitalization. In 1983 appellee filed a Bill of Complaint for Divorce A Vinculo Matrimonii, alleging adultery, abandonment and desertion as grounds for divorce. Appellant filed and answer and cross-bill relying on a two-year separation of the parties as grounds for the divorce. The chancellor granted a divorce and determined that the husband had given the wife all her jewelry and her interest in the marital residence as gifts. He ordered the parties to sell the home; the husband to pay the wife a monetary award of $1,520,000, plus any difference between $230,000 and the wife’s share of the proceeds from the sale of the house; the husband to pay the wife alimony in the amount of $275,000 per year, to cease upon her remarriage or the death of either party; and husband to pay the wife’s attorney’s fees. He appealed, challenging the monetary award, alimony award, counsel fees, and expenses. Appellee cross-appealed, challenging the failure to classify as marital property the increases in value of her husband’s ATPCO stock.
- 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.