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Criminal Law keyed to Dripps
State v. Savage
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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:
Savage (Defendant) took a can containing three gallons of gasoline from an unattended car and drove away in his own vehicle. After driving for about one mile, Defendant stopped, and then poured the gas into his own vehicle’s tank and threw the can away. Defendant did not inform the owner of his actions nor attempted to pay for the gasoline or can. Defendant was indicted for larceny. At trial, Defendant testified that he ran out of gas and saw the car of the prosecuting witness nearby. Thereafter, Defendant testified he then poured the gas into his own vehicle’s tank and drove off, leaving the empty gasoline can nearby and instructing a companion to return the can to its owner and to inform the owner that he would pay for the taken gasoline. The companion denied Defendant’s version of events.
- 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.