Family Law Keyed to Weisberg
In Re A.C
A.C. was diagnosed with cancer at the age of thirteen. She married and became pregnant during a period of remission at twenty-seven. At approximately twenty-five weeks into the pregnancy, she was diagnosed with an inoperable tumor. She was asked if she really wanted to have her baby, and said that she did. Shortly thereafter her condition was deemed terminal, and she agreed to palliative treatment intended to extend her life to at least twenty-eight weeks of pregnancy to increase the potential outcome for the fetus if intervention was necessary. The treatment presented increased risk for the fetus, but was intended to prolong her life and maintain her comfort. She said at this point that she thought she still wanted to have the baby. Her condition quickly deteriorated and she was unable to communicate. A hearing was held to determine if a caesarean section should be performed. Testimony established that the fetus had a fifty to sixty percent chance of surviving a caes arean section at twenty-six weeks. There was considerable debate as to whether A.C. would have consented to the caesarean at twenty-six weeks. The trial court found that A.C. would probably die within a day or two, that the caesarean would probably hasten the death of A.C., but would increase the chance of survival for the fetus. The court also found that it did not clearly know A.C.’s current views, but that the state had a legitimate interest in protecting the viable fetus. The caesarean was performed, but the baby died after a few hours and A.C. died of cancer two days later.
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.
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.