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Criminal Law keyed to Dripps
California v. Superior Court of California
Citation:482 U.S. 400, 107 S.Ct. 2433, 96 L.Ed.2d 332.
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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:
In 1978, Richard and Judith Smolin were divorced. Judith was granted sole custody of their children, Jennifer and Jamie, with visitation rights for Richard. In August 1979, Judith married James Pope and in November 1979 they moved to Oregon without notifying Richard. Over the next few years the Popes moved from Oregon to Texas and then to Louisiana. In February 1981, the Popes obtained a decree from a Texas court granting them full faith and credit to the original California award of sole custody to Judith. Richard was served but did not appear for the Texas proceeding. Prior to the Texas proceeding, Richard had obtained a modification of the California decree awarding joint custody to both he and Judith. Although served, the Popes did not appear for the California proceedings and did not comply with the modified order. The Popes also did not notify the Texas court of the existence of the modified order. In February 1981, Richard was granted sole custody by the California court. The Popes also ignored this order. Richard eventually located the Popes in Louisiana nearly two years later at which time the Popes began an adoption proceeding to sever Richard’s legal ties to the children. Richard then secured a California warrant to obtain custody of the children and in March 1984, he and his father, Gerard, went to Louisiana and picked Jennifer and Jamie up while they were waiting for their school bus. In April 1984, the Popes submitted to the jurisdiction of the California courts and instituted an action to modify the 1981 order granting Richard sole custody. At the same time, they instituted the criminal proceedings in Louisiana against the Smolins for kidnapping.
- 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.