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Criminal Law keyed to Dripps
Commonwealth v. Olshefski
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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:
Felix Olshefski (Defendant) had his driver, John Fisher, take one of Olshefksi’s trucks to the Gilberton Coal Company and have it loaded with coal. In Pennsylvania, the truck’s gross weight limit was 15,750 pounds. After Defendant’s truck had been loaded with the coal, a weigh slip was given to Fisher indicating that the truck’s gross weight was 15,200 pounds. Fisher drove the truck to Defendant’s home and placed the weigh slip in the truck. The following day, Defendant went to a bank in Danville to do some business. While there, he noticed that police officers were at the northern end of the river bridge checking the weight of crossing trucks. Defendant then returned home. Shortly thereafter, Defendant drove his truck loaded with coal to the northern end of the river bridge on his way to the Danville’s scales for the purpose of having it weighed. To sell the coal in Danville, a city ordinance required that the seller have a Danville weigh slip. Before reaching the scales, however, he was directed by a police officer to a different set of scales. After his truck was weighed, Defendant was handed a weigh slip indicating a gross weight of 16,015 pounds, 265 pounds over the limit. The police officer cited Defendant with a violation of the state’s Vehicle Code and the matter was presented for disposition in court.
- 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.