Criminal Law Keyed to Lee
Commonwealth v. Barone
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- 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:
Barone was driving to work on a busy and crowded street while traffic was heavy. As Barone approached a stop sign and attempted to cross an intersection and turn left, she was struck by a motorcyclist, which killed the operator of the motorcycle. The state’s motor vehicle code provided that any unintentional death caused by an operator of a motor vehicle who was engaged in a traffic violation was considered guilty of vehicular homicide. Barone moved to demurrer and the trial court granted the motion, citing lack of evidence.
- 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.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.