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Criminal Law Keyed to Osler
State v. Hardison
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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:
Kenneth Hardison and Jerry Jackson (defendants) were charged with robbing the Lincoln Cafe and the Edison Motor Lodge. The two defendants were tried together.Both defendants were present at the Lincoln Cafe, but neither wielded a weapon. At the Edison Motor Lodge, however, Hardison had a gun, and Jackson assaulted the manager wearing a set of brass knuckles. A jury acquitted the defendants of the Lincoln Cafe robbery, but convicted the defendants of the robbery committed at the Edison Motor Lodge. The jury also convicted the defendants of conspiracy to commit robbery. The court imposed separate, consecutive sentences on the conspiracy and robbery counts. The appellate division affirmed the convictions, but ruled that under New Jersey law, the defendants’ convictions for conspiracy and robbery merged for sentencing purposes. The state petitioned the Supreme Court of New Jersey to determine whether a conviction for conspiracy to commit robbery merged with a conviction for robbery.
- 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.