Criminal Law Keyed to Dressler
State v. Rusk
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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:
Defendant was found guilty by a jury of second-degree rape under the Maryland Code which provides that “A person is guilty of rape in the second degree if the person engages in vaginal intercourse with another person by force or threat of force against the will and without consent of the other person.” According to Pat, the alleged victim, Defendant had taken away her car keys and asked her to accompany him to his room. Pat testified that she feared that Defendant would rape her and claimed that he forced her to perform oral sex and then vaginal intercourse. On appeal, the conviction was reversed by the Court of Special Appeals for the reason that the victim’s testimony did not show any resistance on her part or fear that would overcome her attempt to resist or escape. Here, the Court of Appeals of Maryland reviews the decision of the Court of Special Appeals.
- 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.