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Criminal Law Keyed to Dressler
Nelson v. State
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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:
The Defendant drove his truck onto a side road off the highway. The truck became bogged down in a marshy area about 250 feet off the highway. The Defendant and his passengers attempted to free the truck, but were unable to do so. An acquaintance then drove by and offered to help, but again, they were unsuccessful. At that point, the acquaintance drove the Defendant down the road to a Highway Department Yard. After waiting several hours for the yard to open, the Defendant and his passengers took a dump truck. While attempting to free the Defendant’s truck with the dump truck, the dump truck also became stuck in the mud. After a while, a man identified only as Curly came upon the scene. His vehicle had also gotten stuck. The group went back to the heavy equipment yard and took a front-end loader. They used this to free the dump truck, used the dump truck to free Curly’s vehicle and returned the dump truck to the heavy equipment yard. When using the front-end loader to free the D efendant’s truck, the front-end loader became stuck. The group finally decided to give up and went to sleep. A Highway Department employee awakened them and made a citizen’s arrest. The Defendant caused over $10,000.00 worth of damage to the heavy equipment.
- 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.