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Criminal Law Keyed to Dressler
Rusk 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 and the victim met at a bar. After a short conversation, the victim said that she was ready to leave and the Defendant asked for a ride home. The victim assented. She parked at the curb on the side of the street opposite the Defendant’s house but did not turn off the ignition. The Defendant then asked the victim to come up to his apartment and she refused. After more attempts to convince the victim to come upstairs, the defendant finally took the keys out of the car, walked over to the driver’s side, opened the door and asked if she would now come up. Finally, she assented to come up to his apartment. Once inside, the Defendant eventually turned off the light and asked the victim to get into bed with him. He pulled her onto the bed and began to remove her blouse. The victim removed her pants and his clothing because he asked her to. When he put his hands on the victim’s throat and lightly choked her, the victim asked if she did what the Defendant wanted would he let her go. The Defendant said yes. The victim performed oral sex on the Defendant and they had sexual intercourse.
- 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.