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Family Law Keyed to Weisberg
Marisol v. Giuliani
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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:
Plaintiffs are 11 children whom all suffered, and some continue to be at risk of, severe abuse and neglect. They allege that respondents, officials with responsibility for the Child Welfare Administration of the City of New York (CWA) now renamed the New York City Administration for Children’s Services (ACS), mishandled plaintiffs’ cases and deprived plaintiffs of their rights under the state and federal constitutions, as well as under numerous federal and state statutes. The children were severely neglected and abused, with knowledge of such abuse being made to the CWA. Plaintiffs brought this action pursuant to 42 U.S.C. Section:1983 seeking injunctive or declaratory relief and alleging violations of the Constitution, the Adoption Assistance and Child Welfare Act, Child Abuse Prevention and Treatment Act (CAPTA), and Americans with Disabilities Act.
- 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.