Criminal Law Keyed to Dressler
People v. Nieto Benitez
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- 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.
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- 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:
The Defendant was hit in the back of the head with a plate of food thrown during horseplay between Guero and another man, Caballo. The Defendant turned and asked who was going to wash his shirt. Guero replied that no one was, and the Defendant and Guero argued. The Defendant then went home to retrieve a gun and returned to confront Guero. After a brief exchange, Guero lunged at the Defendant, and the Defendant pulled the gun and shot Guero. Guero died of blood loss about an hour later. At trial, the judge instructed the jury that brandishing a loaded handgun in a threatening manner may constitute an intentional act sufficient to establish the element of malice. A jury convicted the Defendant of second degree murder, and he appealed. The Court of Appeal reversed the conviction on the ground that the instruction was erroneous. This appeal ensued.
- 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.