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Criminal Law keyed to Dripps
People v. Perez
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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:
On September 30, 1988, Mr. Perez (Defendant) parked his car near the house of Victoria Mesa. He surreptitiously entered the house while Mesa was warming her car. Defendant beat Mesa and then stabbed her multiple times with a steak knife from Mesa’s kitchen. After the steak knife broke, Defendant found another knife in the kitchen, which he used to inflict additional wounds on Mesa. Mesa died as a result of the attack. The only connection between Defendant and Mesa was that they had gone to high school together ten years earlier. Defendant was found guilty of first degree, premeditated and deliberate murder. Defendant appealed, and the court of appeals reduced his conviction to second-degree murder. The prosecution challenged the court of appeals’ decision.
- 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.