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Civil Procedure Keyed to Glannon
Burnham v. Superior Court
Citation:495 US 604 (1990)
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- 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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- 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:
While living in New Jersey, Burnham and his wife agreed to separate. The wife was to move to California and have custody of their two children. They subsequently agreed to file for divorce on the grounds of “irreconcilable differences.” Burnham filed for divorce in New Jersey, but on grounds of desertion. He did not attempt to effect service of process on the wife. The wife then brought suit for divorce in state court in California. Personal service was effected on Burnham shortly thereafter when, after traveling to California for business, he visited his children and returned them to the wife’s home on the weekend. The state courts upheld jurisdiction. The Supreme Court granted certiorari.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.