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Criminal Law Keyed to Johnson
State v. Simon
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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:
Anthony Simon (Defendant) lived next door to Steffen Wong. Defendant feared Wong and assumed Wong was a martial-arts expert based on Wong’s ethnicity. The two men did not get along, and Defendant eventually fired shots at Wong and two other neighbors, Rickey and Brenda Douglas. When police officers arrived, Defendant fired at the officers as well. Defendant was charged with two counts of aggravated assault for shooting at Wong and Rickey. At trial, Defendant testified that he was afraid of Wong and that Wong had advanced toward him, cursing, just before the incident. A psychologist testified that Defendant was a psychological invalid who had a mental condition that caused him to believe he was under attack due to a distorted view of reality. The trial court instructed the jury that a person was justified in the use of force to defend himself against an aggressor’s imminent use of unlawful force to the extent that such defense appeared reasonable to the person under the circumstances. Defendant argued that he believed Wong presented an immediate threat and that shooting Wong was a reasonable thing to do to protect himself. Defendant was found not guilty on both counts. The State appealed.
- 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.