Confirm favorite deletion?
Family Law Keyed to Weisberg
Kingsley v. Kingsley
Facts
Rachel Kingsley, natural mother of Gregory, appeals the court’s final orders terminating her parental rights based upon findings of abandonment and neglect, and granting the petition for adoption filed by Gregory’s foster parents. In June of 1992 Gregory, 11, filed a petition for termination of the parental rights of his natural parents. He separately filed a declaration of rights and adoption by his foster parents. The trial court ruled that he had standing to initiate the action for termination of parental rights, and implicitly accorded him the capacity to file the petition even though he was an unemancipated minor. The court appointed one of Gregory’s attorneys as his attorney ad litem. The court made no ruling concerning Gregory’s standing to file the adoption proceeding, however his foster parents filed a petition for adoption with the written consent of Gregory and his father. The court tried the termination of parental rights and adoption proceeding together, and terminated the mother’s parental rights and granted the foster parents’ adoption petition.
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.
- 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.