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Criminal Law keyed to Dripps
State v. Burney
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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:
Prior to his move to Portland, Oregon, Burney’s (Defendant) friend left a pistol underneath the seat of his pickup truck. However, Defendant, a convicted felon, did not realize it was there. Once in Portland, Defendant was returning from a birthday party when his truck would not start. Defendant thought the truck would start if he let it sit for a while. During that time, Defendant went to a nearby club, had a glass of wine, and played a few games of pool for money. As he left the club, Defendant saw a man he had won money from playing pool coming after him with a broken-down cue stick. Once he reached the truck, Defendant reached under the seat to grab a tire iron, but felt the pistol instead. Defendant pointed the pistol at Griffin’s legs and told him to get away. Griffin left, but Defendant could not start the truck. Shortly thereafter, the police arrived, found the pistol, and arrested Defendant for being an ex-convict in possession of a firearm in violation of ORS 166.270. At trial, Defendant attempted to raise the “choice of evils” defense, but was rejected by the trial court. The trial judge found Defendant guilty 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.