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Criminal Law Keyed to Kadish
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Commonwealth v. Malone
CaseCast™ – "What you need to know"
Commonwealth v. Malone
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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.
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- 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 convicted of second-degree murder for killing his friend while playing Russian roulette. Defendant testified that he had loaded the gun chamber directly to the right of the firing chamber and that when he pulled the trigger he did not expect the gun to go off. He claimed that he did not intend to harm the victim and on appeal, argues that therefore the facts do not justify a conviction of murder but only manslaughter.
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