Criminal Law Keyed to Dressler
Commonwealth v. Berkowitz
CaseCast™ – "What you need to know"
The Defendant and the victim were college sophomores at East Stroudsburg State University. On the afternoon in question, the victim proceeded to her boyfriend’s dormitory lounge to meet him. He had not yet arrived, so the victim walked up to the Defendant’s room to look for his roommate, Earl Hassel (Mr. Hassel), who is a friend of the victim. She knocked on the door several times but received no answer. After writing a brief note to Mr. Hassel, she knocked again. She still received no answer, so she tried the doorknob, which was unlocked. The victim entered the room and saw someone lying on the bed with a pillow over his head, whom she thought was Earl Hassel. Instead, it was the defendant. The victim asked which dresser was Mr. Hassel’s and she left the note she had written. The Defendant then asked the victim to “hang out for a while.” She complied. Thereafter, the Defendant began to make certain advances at the victim such as kissing her and lifting up her shirt and bra an d fondling her. The victim then said no. The victim never physically resisted the Defendant, but she did repeatedly verbally protest. The Defendant and the victim then engaged in sexual intercourse.
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.