SmartBrief
Confirm favorite deletion?
Remedies Keyed to Kovacic-Fleischer, 8th
Marquette v. Marquette
Citation:
686 P.2d 990 (1984)Facts
Jeff and Julie Marquette divorced on September 10, 1982, with Julie receiving custody of their two young sons. On October 13, 1982, Julie filed a petition for protective order alleging continued harassment and assault following the divorce, including throwing the children’s clothes, shoes, toys, and the children themselves at her, making verbal threats in front of the children, and creating fear of physical harm and emotional damage to the children. The trial court granted an emergency ex parte order prohibiting Jeff from abusing, injuring, visiting, communicating with, or threatening Julie, and instructing him not to abuse or injure the minor children. The order effectively prevented Jeff from exercising his parental visitation rights because he could not communicate with Julie, the custodial parent. A show cause hearing was initially set for November 1, 1982, but was continued. On November 3, the court modified the order to provide specific visitation hours. Following a full trial on November 19, 1982, the court entered a mutual protective order valid for one year. Jeff appealed, challenging the constitutionality of the Act and the procedures used.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.