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Family Law Keyed to Weisberg
Epstein v. Epstein
Citation:843 F.3d 1147 (7th Cir. 2016)
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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:
Paula Epstein filed for divorce against her husband, Barry Epstein, accusing him of infidelity. During the discovery, Barry’s lawyer sent Paula’s lawyer a document request asking for production of any and all communications, documents, emails, text messages, photographs, notes, credit card, slips, bank statements, or other document whatsoever, which allegedly relate to Paula’s allegation of infidelity. In response to this request, Paula’s lawyer produced, among other things, copies of email correspondence between Barry and several women. On the face of it, the messages seem to have been forwarded from Barry’s email accounts to Paula’s. This came as a shock to Barry and he surmised from this discovery response that Paula must have secretly placed a “rule” on his email accounts automatically forwarding his messages to her. With the divorce still ongoing, Barry filed a suit against Paula for violating the Wiretap Act, alleging that Paula unlawfully intercepted, disclosed, and used Barry’s emails in violation of the Act.
- 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.