Citation526 U.S. 489 (1999) Brief Fact Summary. Respondents, three California residents, argued that the newly enacted California statute limiting the maximum welfare benefits available to newly arrived residents violates the Constitution. Synopsis of Rule of Law. The right to travel is protected not only be the new arrival’s status as a state citizen, but also by her status as a citizen of the United States. ...
Search Results
DeShaney v. Winnebago County Department of Social Services
Citation489 U.S. 189 (1989) Brief Fact Summary. Petitioner is a boy who was beaten and permanently injured by his father, with whom he lived. Respondents are social workers and other local officials who received complaints that petitioner was being abused by his father and had reason to believe that this was the case, but nonetheless did not act to remove petitioner from his father’s custody. Petitioner sued respondents claiming that their failure to act deprived him of his liberty in violation of the Due Process Clause of the Fourteenth Amendment. Synopsi ...
Palmore v. Sidoti
Citation. 466 U.S. 429, 104 S.Ct. 1879, 80 L.Ed.2d 421 (1984). Brief Fact Summary. Plaintiff challenged state court’s custody ruling on Equal Protection grounds, arguing the court divested her of custody based solely on her relationship with a Black man. Synopsis of Rule of Law. Racial classifications are subject to the Equal Protection Clause of the 14th Amendment and will only be upheld if they are justified by a compelling government interest and are necessary to achieve a legitimate purpose. ...
Roe v. Wade
Citation. 410 U.S. 113, 93 S.Ct. 705, 35 .Ed.2d 147 (1973). Brief Fact Summary. Plaintiff challenged the constitutionality of a Texas law which criminalized abortion. Synopsis of Rule of Law. A woman’s decision whether or not to terminate her pregnancy is protected by the right to privacy under the Due Process Clause of the 14th Amendment. ...
Romer v. Evans
Citation. 517 U.S. 620, 116 S.Ct. 1620, 134 L.Ed.2d 855 (1996). Brief Fact Summary. Plaintiffs challenged an amendment to a state constitution which prohibited protected status based on sexual orientation. Synopsis of Rule of Law. A law that discriminates on the basis of sexual orientation violates the Equal Protection Clause when it is not rationally related to a legitimate government interest. ...
Sosna v. Iowa
Citation. 419 U.S. 393, 95 S.Ct. 553, 42 L.Ed.2d 532 (1975). Brief Fact Summary. Plaintiff challenged one-year residency requirement after she was denied a divorce. Synopsis of Rule of Law. A one-year residency requirement is constitutionally permissible because a state has an interest in requiring those seeking a divorce be genuinely attached to the state. ...
M.L.B. v. S.L.J.
Citation519 U.S. 102, 117 S.Ct. 555, 136 L.Ed.2d 473 (1996). Brief Fact Summary. . Synopsis of Rule of Law. An inability to pay court fees should not be decisive of fundamental rights such as parental rights. ...
Hazelwood School District v. Kuhlmeier
Citation484 U.S. 260, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988). Brief Fact Summary. The Spectrum, the school-sponsored newspaper of Hazelwood East High School (Hazelwood), was written and edited by students. The school principal found two of the articles in the issue to be inappropriate, and ordered that the pages on which the articles appeared be withheld from publication. Synopsis of Rule of Law. Schools may restrict what is published in student newspapers. ...
Nguyen v. Immigration & Naturalization Service
Citation533 U.S. 53 (2001) Brief Fact Summary. Congress enacted a statute, Title 8 U.S.C. §1409, that imposes different requirements for the child’s acquisition of citizenship depending on whether the citizen parent is the mother or the father. After his claim is dismissed, the petitioner, Tuan Ahn Nyugen, appealed to the Court of Appeals for the Fifth Circuit arguing that §1409 violates equal protection by providing different rules of attainment of citizenship by children born abroad depending upon the citizenship status of his parents. Synopsis of Rule ...
DeShaney v. Winnebago County Department of Social Services
Citation489 U.S. 189 (1989) Brief Fact Summary. DeShaney was a four year old child abused so badly by his father that he needed to be institutionalized for the rest of his life. He and his mother sued Winnebago County for not removing DeShaney from his abusive father’s custody. Synopsis of Rule of Law. The Due Process clause only applies to state actors, not private actors. ...
Burnham v. Superior Court
Citation495 U.S. 604 (1990) Brief Fact Summary. Husband and wife divorce and the wife moves across the country to California. The wife waits until the husband visits California in order to serve him with the divorce papers. The husband objects to personal jurisdiction in California, believing it improper for him to be served just because he was physically present in the state. Synopsis of Rule of Law. A non-resident defendant is properly served if the defendant is physically located in the forum state and the forum state may exercise personal jurisd ...
Kulko v. Kulko
Citation. 436 U.S. 84 (1978) Brief Fact Summary. Plaintiff sued Defendant in California to establish her Haitian divorce decree and increase Defendant’s child support obligations. Defendant argued California did not have personal jurisdiction. Synopsis of Rule of Law. A defendant must purposefully avail themselves of the benefits and protections of the forum state for the state to exercise personal jurisdiction over the defendant. ...
Cannington v. Cannington
Citation50 Va. Cir. 165 (1999) Brief Fact Summary. Plaintiff sued Defendant for divorce and personally served her while she was boarding a plane in Virginia. Defendant argued Plaintiff used fraud to lure her into Virginia. Synopsis of Rule of Law. State courts have in personam jurisdiction over nonresidents who are personally served with process while physically within the state. ...
Burnham v. Superior Court
Citation495 U.S. 604 (1990) Brief Fact Summary. Petitioner was served with California court summons while temporarily in California on business. Petitioner moved to quash the summons, arguing the court lacked personal jurisdiction. Synopsis of Rule of Law. Consistent with due process, state courts have personal jurisdiction over nonresidents when they are personally served while physically present within the forum state. ...
Burnham v. Superior Court of California
Citation495 U.S. 604, 110 S.Ct. 2105, 109 Ed.2d 631 (1990) Brief Fact Summary. Petitioner was served with California court summons while temporarily in California on business. Petitioner moved to quash the summons, arguing the court lacked personal jurisdiction. Synopsis of Rule of Law. Consistent with due process, state courts have personal jurisdiction over nonresidents when they are personally served while physically present within the forum state. ...
Felger v. Nichols
Citation370 A.2d 141 (Md. 1977) Brief Fact Summary. Nichols, Felder’s former lawyer, obtained a $345 judgment against Felder for unpaid legal fees. Felder then filed a complaint against Nichols forlegal malpractice, arising out of the same legal services that gave rise to the judgment. Nichols moved for summary judgment, asserting that Felder’s legal malpractice action was barred by res judicata. Synopsis of Rule of Law. The doctrine of res judicata encompasses (1) direct estoppel by judgment, in which a prior judgment on the merits is ...
Burnham v. Superior Court
Citation495 US 604 (1990) Brief Fact Summary. Burnham and his wife lived in New Jersey when they agreed to separate; the wife would move to California and have custody of their two children. Although they later agreed to file for divorce on the grounds of “irreconcilable differences,” Burnham filed for divorce, in New Jersey, on grounds of desertion. He did not attempt to effect service of process on the wife. The wife then brought suit for divorce in state court in California. The California courts upheld jurisdiction; the Supreme Court granted certiorari. ...
Baidoo v. Blood-Dzraku
Citation5 N.Y.S.3d 309 (N.Y. Sup. Ct. 2015) Brief Fact Summary. Under a provision of New York’s civil procedure law, applicable in divorce proceedings, a plaintiff who was unable to effect personal service on a defendant, could request permission from the court to use one of the personal service methods alternative to in-hand delivery, which included service, on a plaintiff’s ex parte application, in a manner determined by Plaintiff. In this divorce case, Plaintiff filed an ex parte application seeking leave to use service of notice via private message on Facebo ...
Burnham v. Superior Court
Citation495 U.S. 604 (1990) Brief Fact Summary. Husband and wife divorce and the wife moves across the country to California. The wife waits until the husband visits California in order to serve him with the divorce papers. The husband objects to personal jurisdiction in California, believing it improper for him to be served just because he was physically present in the state. Synopsis of Rule of Law. A non-resident defendant is properly served if the defendant is physically located in the forum state and the forum state may exercise personal jurisd ...
Burnham v. Superior Court
Citation495 U.S. 604 (1990)Brief Fact Summary. Husband and wife divorce and the wife moves across the country to California. The wife waits until the husband visits California in order to serve him with the divorce papers. The husband objects to personal jurisdiction in California, believing it improper for him to be served just because he was physically present in the state. Synopsis of Rule of Law. A non-resident defendant is properly served if the defendant is physically located in the forum state and the forum state may exercise personal jurisdi ...
Osuna v. Quintana
Citation993 S.W.2d 201 (Tex. App. 1999) Brief Fact Summary. Osuna and Jose Quintana (Jose) appealed a judgment to reimburse Socorro Quintana for money that Jose gave to Osuna in fraud of the community estate. Synopsis of Rule of Law. A third party who is responsible for the breach of a fiduciary duty is also responsible for that fraud. Facts. Jose Quintana was married to Socorro Quintana when he began an affair with Osuna. During his marriage with Osuna, Jose married Osuna and father three children with her. Jose supported the children he fathered with Osuna, gave Osuna large sums of money, bo ...
In Re Marriage of Horn
Citation226 Cal. Rptr. 666 (Cal. App. 1986) Brief Fact Summary. Robert Horn appealed the judgment of the trial court that awarded his wife community interest in severance pay that he was entitled to as a result of his individual contract with the NFL. Synopsis of Rule of Law. Severance pay is community property that a former spouse may be entitled to. Facts. Robert Horn (Robert) was married to Cyndee Horn (Cyndee) while he was in the NFL. The NFL entitled Robert to $100,000 in severance pay after he left his contract with the NFL. Cyndee sought a portion of the severance pay within the divorce ...
Mehren v. Dargan
Citation118 Cal. App. 4th 1167 (Cal. App. 2004) Brief Fact Summary. Dargan appealed a trial court judgment when he breached a post-marital contract granting communal marital property to his wife if he engaged in the use of illegal drugs. Synopsis of Rule of Law. If a post-marital contract frustrates statutes regarding marriage, the contract becomes void for violating public policy. Facts. Dargan and Mehrenwere a married couple who separated due to Dargan’s use of illegal drugs. Mehren agreed to remain in the marriage if Dargan signed a statement agreeing to give Mehren communal property if h ...
Spaulding v. Morse
Citation76 N.E.2d 137 (1947) Brief Fact Summary. Plaintiff sued Defendant to compel payments for a trust for his son’s “care, custody, maintenance, and support.” The trial court ruled in favor of Plaintiff. Defendant appealed. Synopsis of Rule of Law. If the instrument as a whole suggests that a particular result was desired by the parties, although not expressed by formal words, that defect may be supplied by implication and the underlying intention may be effectuated, provided it is sufficiently declared by the entire instrument. ...
Williams v. Ford Motor Credit Company
Citation674 F.2d 717 (8th Cir. 1982) Brief Fact Summary. Plaintiff and her husband purchased a car and placed title under both of their names. However, Plaintiff’s husband was the only one listed on the financial loan papers. Later, Plaintiff and her husband divorced. The divorce court gave Plaintiff the car and required the husband to continue making payments on the car to the loan company. Thereafter, the loan company assigned the loan credit to Defendant. Plaintiff’s husband defaulted on the loan and signed a repossession authorization. Defendant instructed a tow truck drive to ...