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Civil Procedure Keyed to Hazard
Burnham v. Superior Court of California
Citation:495 U.S. 604, 110 S.Ct. 2105, 109 Ed.2d 631 (1990)
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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:
Dennis Burnham (Petitioner) and his wife, New Jersey residents, agreed to divorce in 1987 for irreconcilable differences. Mrs. Burnham moved to California with their two children. Petitioner filed for divorce in New Jersey but never served Mrs. Burnham. While on a business trip in California, Petitioner visited his children and Mrs. Burnham served him with California court summons and divorce papers. Petitioner moved to quash the summons on the ground that California lacked personal jurisdiction over him because he did not have minimum contacts with the forum state.
- 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.