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Evidence Keyed to Park
In re Nicholas H.
Citation:28 Cal.4th 56 (2002)
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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:
Nicholas was born to Kimberly on August 10, 1995. Thomas lived with Kimberly from May 1995 until December 1997 and from January 1999 until September 1999, was present at the birth and was named as the father on Nicholas’s birth certificate. Thomas and Kimberly both agreed that Thomas was not Nicholas’s natural father. In 1998, Thomas was arrested for battering Kimberly. When placed in the custody of the social services agency, Thomas filed an action to obtain custody of Nicholas. Jason S., Kimberly claims, is Nicholas’s biological father. However, Jason has not come forward to assert any parental rights.
- 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.