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Criminal Law keyed to Dripps
People v. Weiss
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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:
During the investigation of the kidnapping and murder of the Lindbergh baby in New Jersey, a man named Wendel became a wanted suspect. Weiss (Defendant) and others assisted a New Jersey detective in apprehending and detaining Wendel in New York. Prior to apprehending Wendel, Defendant and the others were led to believe by the detective that he had the authority to make the arrest and that Defendant and the others were authorized to assist. Defendant and the others were charged with seizing, confining or kidnapping Wendel, with intent, to cause him to be confined within the state without authority of law. At trial, the judge refused to instruct the jury that a good faith belief on the part of Defendant that he and the others were authorized to apprehend Wendel was a defense warranting acquittal. There, the trial judge said “even if they did believe it, it is no defense in this case.” Defendant and the others were convicted and they 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.