Criminal Law Keyed to Lee
State v. Stewart
Facts
Defendant, Peggy Stewart, was charged with first degree murder after she killed her husband while he slept. Stewart argued that she killed him in self defense and her argument was supported by testimony from her daughter, which she stated that Stewart had developed psychological problems over the years after being abused constantly by her husband. The husband would repeatedly abuse Stewart's other daughter, Carla, and when she asked him to stop he would threaten her and put a gun to her head. The husband repeatedly put a gun to her head, abused her, and even shot one of her pets. Stewart escaped from the husband's home and went to live with her daughter. While there, she was admitted to the hospital where she revealed that she felt like she wanted to shoot her husband. Finally, Stewart returned to the husband’s home where he threatened to kill her if she ever left again. Subsequently, Stewart took a loaded gun and shot her husband while he slept. At trial, an expert testified that Stewart suffered from what was know as Battered Woman Syndrome and the judge instructed the jury on self defense.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.