Criminal Law Keyed to Dressler
Girouard v. State
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
The Defendant and the victim were married. After the Defendant overheard the victim telling a friend that her husband did not love her anymore, the Defendant confronted her and kicked over her plate of food she had in front of her. The Defendant then went to lie down in the bedroom. The victim followed him into the bedroom, stepped onto his back, pulled his hair, and said, “What are you going to do, hit me?” She thereafter continued to taunt and insult him. After she was through, the Defendant went to the kitchen to procure a long handled kitchen knife. He concealed it behind a pillow and returned to the bedroom. After more insults, including that she did not love him and that the marriage was a mistake, the Defendant lunged at the victim with the knife and stabbed her 19 times. Then, the Defendant attempted to commit suicide, but when he realized he would not die from his self-inflicted wounds, he called the police, who found him wandering around outside his apartment buildin g despondent and tearful.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.
13m 8s