sflores_Mod2ProjectRuleofLaw_11182023

Trial Brief A. CASE STYLE IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, INDIANA IN RE: THE MARRIAGE OF CASE NO.: 12-1234-DR-001234 TIM DIVISION: Family Husband, And SARAH, Wife. ______________________________/ PETITIONER/WIFES ’ TRIAL BRIEF B. INTRODUCTORY STATEMENT The case being presented is regarding the dissolution of marriage between Sarah, and Tim. This document will give an overview of all present legal issues including but not limited to child custody, alimony, child support, and fair distribution of property and assets. C. QUESTION(S) PRESENTED: ISSUES(S) ISSUE 1: EQUITABLE DISTRIBUTION A. APPLICABLE LAW 1. Burns Ind. Code Ann. § 31-15-7-4 states the court shall divide the property of the parties, whether: (1) owned by either spouse before the marriage; (2) acquired by either spouse in his or her own right: (A) after the marriage; and (B) before final separation of the parties; or (3) acquired by their joint efforts. B. QUESTION PRESENTED 1. How should the court divide assets between the parties? C. KEY FACTS 1. Sarah and Tim have complete ownership of their home, and the only knowledgeable debt is on a credit card in the amount of $10,000 that was acquired by both parties to file this lawsuit. 2. Sarah has been a stay-at-home mom for the past 20 years allowing Tim to continue his education to become a physician ’ s assistant. Although Sarah did not provide financial support to their assets, she did provide emotional and physical support to her husband including sacrificing her own education opportunities, as well as her professional status allowing her husband to build his career.

ISSUE 2: CHILD CUSTODY, PARENTAL RESPONSIBILITY, AND TIMESHARING A. APPLICABLE LAW 1. Burns Ind. Code Ann. § 31-14-13-2 states the court shall determine custody in accordance with the best interests of the child. In determining the child ’s best interests, there is not a presumption favoring either parent. The court shall consider all relevant factors. B. QUESTION PRESENTED 1. Should the court grant custody to Plaintiff or Defendant based on the best interests of the child? C. KEY FACTS 1. Sarah and Tim have two minor children; Jasmine who is 11 years old, and Stewart who is 9 years old. Both children are involved in extracurricular activities. Jasmine is on the swim team, and Stewart plays sports throughout the year. Jasmine does well in school and needs minimal assistance from her parents with take home projects. Stewart is struggling in some areas academically, requiring more assistance from his parents. 2. Both parents play active roles in accommodating the needs of the children. ISSUE 3: CHILD SUPPORT A. APPLICABLE LAW 1. Burns Ind. Code Ann. § 31-18.5-1-2 (28) states that; A “Support order” means a judgment, decree, order, or directive, whether: (A) temporary; (B) final; or (C) subject to modification; issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual oblige in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney’s fees, and other relief. B. QUESTION PRESENTED 1. How should the court allocate child support between Sarah and Tim? C. KEY FACTS 1. Sarah has dedicated her life to her children, being a stay-at-home mom supporting them in their everyday needs apart from financial support. The children have present financial needs from necessities, to school events. Throughout the entire lifetime of the children Sarah has been unable to work due to attending to the physical, emotional, and medical needs that they encounter. ISSUE 4: ALIMONY A. APPLICABLE LAW 1. Burns Ind. Code Ann. § 31-18.5-1-2 (25) “Spousal support order” means a support order for a spouse or former spouse of the obligor. 2. Burns Ind. Code Ann. § 31-18.5-1-2 (28) “Support order” means a judgment, decree, order, or directive, whether: (A) temporary; (B) final; or (C) subject to modification; issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for

The argument section of the Trial Brief is the most important section. This is where you analyze the law that supports your client’s position and describe why and how the law supports the position of your client. When presenting the cases and statutes to make your argument, make sure the favorable cases and statutes stand out and discuss how they apply to your client’s case. You also should include the unfavorable cases and statutes showing why they are different and how they should not apply to your client’s case. Do not just summarize your cases and statutes. Analyze and apply them to your client’s case so the judge will see how the cases should be used to rule in your client’s favor. If you use the I ssue, R ule, A nalysis/Application, and C onclusion (IRAC) approach, you will be sure you are analyzing the issue. For example: a. Issue – identify the issue(s) raised by the facts of the client’s case b. Rule – identify the law(s) that controls the issue(s) c. Analysis – how does the rule of law apply to the issue(s) d. Conclusion – a summary of the legal analysis Case Law (if needed) Application of the law to the issue being addressed Discussion of the opposing party’s position Format 1. You will divide your argument into sections. a. Each section must have its own header. i. You can use Roman numerals or other identifying numbering. ii. You may center the header on the page or left justify it. iii. The Trial Brief is a persuasive document; attempt to make even your headers persuasive. iv. If you need to, you can also use subheadings; these usually use capital letters of the alphabet for identification. 2. Your citations should also appear in the body of the Trial Brief. Use The Bluebook method of citation. 3. Never use first person when writing. 4. Focus on the parties, referring to them by name or using their titles, such as husband or wife. F. CONCLUSION

The conclusion section of your Trial Brief is a request for what action you want the judge to take. This section should be very brief. Summarize the highlights of your argument. You do not have to include any citations in this section. At the very end, reiterate what you are asking the court to do. This section could be as short as one sentence, but no more than a half a page. G. SIGNATURE AND DATE The end of your brief is similar to what you would see at the end of a letter. For example: Respectfully submitted, Dated: ____________________ ____________________________________ Attorney So and So Attorneys for (Husband or Wife) Name of Husband or Wife Attorney’s Street Address Attorney’s City, State and Zip Attorney’s Bar No.: H. CERTIFICATE OF SERVICE Anytime you file anything with the court, you must verify that all parties have received copies. The Certificate of Service is placed at the very end of a pleading and states that a copy has been served on all parties. You must also include how it was served, such as by mail, efiling portal, email, or by hand delivery. For example: CERTIFICATE OF SERVICE I HEREBY CERTIFY that the foregoing document was served via (U.S. Mail, hand delivery, through the efiling portal, or email) to the attorney for the (Wife or Husband), attorney’s name, attorney’s address, attorney’s email, this ____ day of Month, Year. I. EXHIBITS You may want to include exhibits for the court to review, such as deposition transcripts, answers to interrogatories, affidavits, and other documents. Fully describe each exhibit within your Trial Brief and then labeled at the end of the brief. Never insert exhibits in the middle of your Trial Brief.