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Criminal Law keyed to Dripps
Commonwealth v. Teixera
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*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:
Teixera (Defendant) met a woman while hitchhiking and they dated for about six months. During that time, they were sexually active. Near the end of the relationship, the woman learned that she was pregnant. She informed Defendant of the pregnancy, and he suggested that she either have an abortion or place the child for adoption. Shortly thereafter, the relationship ended and the woman did not see Defendant for about three years. After the child was born, the woman telephoned Defendant to inform him that he had a son. The mother then applied for welfare benefits for the child. Defendant did not provide any monetary support for the child. Thereafter, the Commonwealth filed suit against Defendant for nonsupport of an illegitimate child. At trial, the Commonwealth provided no evidence regarding the woman’s marital status and no evidence of Defendant’s financial circumstances. At the close of the Commonwealth’s case, Defendant made a motion for a directed verdict, which was denied. Defendant was convicted of failing to support an illegitimate child and he appealed.
- 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.