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O’Brien v. O’Brien
Citation:
489 N.E.2d 712Only 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. Review the Facts of this case here:
The plaintiff, Mr. O’Brien, and defendant, Mrs. O’Brien, were married for nine years. At the time of marriage, both Mr. and Mrs. O’Brien were employed as teachers at the same private school. Mrs. O’Brien had a bachelors degree and a temporary teaching certificate but needed an additional 18 months of postgraduate classes to obtain permanent certification in New York. Mrs. O’Brien passed up this opportunity to support Mr. O’Brien in his decision to return to school, obtain his bachelors, and, eventually, obtain his license to practice medicine. In doing so, Mrs. O’Brien relocated with Mr. O’Brien to Mexico for a little over three years while he attended medical school. Mrs. O’Brien then moved back to New York with Mr. O’Brien, returning to her former teaching position, as he completed medical school. Mr. O’Brien filed for divorce two months after acquiring his license to practice medicine.
- 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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