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Criminal Law Keyed to Dressler
State v. Formella
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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:
Formella (D) and some of his friends, all high school students, were asked to be lookouts while some other students stole math exams from inside the school. They agreed and did a survey to check for any other person while they were on the way to their lockers. After getting their books out, they decided that what they had planned was wrong and left the building. However, the other group went on to steal the exams. Formella admitted that he was involved in the theft and was convinced of theft on the ground of criminal liability for the conduct of another person as an accomplice. He appealed on the ground that the trial court had been mistaken in not finding the fact that he had left his complicity before the completion of the theft, which under the accomplice liability act proved he was not an accomplice. The act provides that no one will be liable as an accomplice if he withdraws his complicity before the offense is committed and wholly deprives his complicity of having any effectiveness in the commission of the crime, or gives timely warning to the law enforcement authorities, or makes appropriate efforts to prevent the offense of being committed. The state supreme court granted review.
- 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.