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Family Law Keyed to Weisberg
Emily K. v. Luis J.
Citation:
997 N.Y.S.2d 510 (N.Y. App. Div. 2014)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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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:
Respondent and Petitioner’s daughter have been classmates since kindergarten and began a boyfriend/girlfriend relationship in the fifth grade that continued on and off through eighth grade. By sixth grade, Respondent was texting or calling daughter 5-10 times daily and became jealous, controlling, and isolating. The respondent and daughter had some sexual contact in sixth grade. Respondent and daughter did not date for most of seventh grade, but began talking again later and met twice at respondent’s request in the eighth grade. Respondent and daughter engaged in oral sex and then later sexual intercourse. Daughter testified that she asked Respondent to stop, and at first he complied but then continued. The daughter distanced herself from respondent after these events and reported them to Petitioner after she began having suicidal thoughts.
- 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.
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