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Criminal Law keyed to Dripps
State v. Bier
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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 June 25, 1977, Mr. Bier (Defendant) and his wife argued. Both had been drinking alcohol prior to the argument. When Defendant attempted to leave his bedroom, his wife blocked his way. Defendant then pulled a gun from its holster, cocked it, and threw it on the bed. He told his wife that if she wanted to stop him from leaving, she would have to shoot him. Defendant’s wife grabbed the gun and pointed it at her head. Defendant then grabbed or slapped at the gun in an effort to redirect its aim. The gun discharged, and Defendant’s wife died from the bullet wound. Defendant was convicted of negligent homicide. He appealed, arguing that the prosecution had failed to prove that he acted with conscious disregard for his wife’s life.
- 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.