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Family Law Keyed to Weisberg
Anderson v. Anderson
Citation:54 So. 3d 850 (Miss. Ct. App. 2010)
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- 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:
Donald filed for divorce from Merlene, citing cruel and inhuman treatment. Donald’s evidence was that Merlene abused him, physically and emotionally, abused his children, verbally threatened him, attempted to ruin his reputation at his church, falsely accused him of having affairs, and exhibited dominant behavior. He testified that she threatened him several times by reminding him about a minister’s wife who killed her husband. Both of their children also claimed that she him them. Merlene also discussed with members of Donald’s church details of their marriage and Donald’s adultery. Merlene’s behavior embarrassed Donald. Donald also claimed that Merlene dominated him, citing an example of how she refused to allow their children to get a dog. Donald also testified that Merlene publicly accused him of having affairs. Donald traveled to conferences throughout the year and Merlene found out that he always booked a room for two. Merlene also found an explicit email Donald sent to his female assistant.
- 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.