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Family Law Keyed to Weisberg
Collier v. Fox
Citation:2018 WL 1247411 (D. Mont. 2018)
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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:
Nathan and Vicki have been married legally since April 26, 2000. Nathan is also in a committed relationship with Vicki and they desire to legally marry. Vicky and Christine are aware of Nathan’s relationship with one another and both consent to being married to him simultaneously. On June 30, 2015, Nathan and Christine went to apply for a marriage license and their application was denied. The Denial Letter stated that their request for a marriage license could not be granted because it would place the Colliers in violation of Mont. Code Ann. Sections 45-5-611 and 612, which criminalize entering into multiple marriages and marrying a person knowing that the person is married to another. The Colliers responded by challenging the validity of Montana’s anti-polygamy statutes.
- 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.