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Family Law Keyed to Weisberg
Gerty v. Gerty
Citation:265 So. 3d 121 (Miss. 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:
Michael and Joesie were married and shared a son. In September 2013 the filed a joint complaint for an irreconcilable differences divorce. Without his knowing her connection, Joesie had Michael assist her in moving her belongings into the house of her paramour’s mother. Then for nearly two years, Michael lived with their son apart from Joesie. She chose to spend Thanksgiving of 2013/2014 and Christmas of 2012/2013 with her paramour and his family, unknown to Michael. The sexual nature of her affair ended in January 2014 or May 2014. In January of 2015, Michael informed Joesie that reconciliation was impossible and he wanted a divorce.
No factual dispute exists about whether Joesie had an extended affair with her paramour while still married to Michael, but she admitted to only a very limited time frame of her overall adulterous conduct to Michael in August 2013 when he confronted her. Michael testified that, once he confronted her, she produced a few pictures with her paramour. Joesie admitted during the trial that her affair with her paramour spanned portions of 2012, 2013, and 2014. Her witnesses testified that in addition to those years, the affair also occurred during portions of 2011 and 2015.
- 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.