Criminal Law Keyed to Dressler
State v. Kargar
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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:
A neighbor, whom the Defendant and his family were babysitting, saw the defendant kiss his eighteen-month-old son’s penis. She reported this incident to her mother who reported that she had also seen a photograph of the Defendant kissing his son’s penis. The police were notified and the Defendant was arrested and charged with two counts of gross sexual assault. At the jury-waived trial, the Defendant sought to have the charges dismissed pursuant to the de minimis statute on the grounds that, among other things, his culture accepted the practice. The trial judge denied the motion and convicted the Defendant on both counts.
- 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.