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Criminal Law Keyed to Osler
State v. Lisasuain
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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:
Armando Lisasuain (defendant) sexually assaulted a 14-year-old female victim. The victim was lying on the couch when she was approached by Lisasuain, who was temporarily staying in her home. Lisasuain removed the victim’s pants and underwear, and both performed cunnilingus on her and digitally penetrated her. The victim neither assisted nor spoke to Lisasuain. Lisasuain was charged with multiple offenses, including aggravated felonious sexual assault. After the jury returned a guilty verdict, Lisasuain moved for judgment notwithstanding the verdict (JNOV), challenging the sufficiency of the evidence as to the element of lack of consent. Lisasuain argued that the victim’s failure to affirmatively express that she did not consent to the sexual act meant that no reasonable jury could find him guilty. The trial court denied Lisasuain’s motion for JNOV. Lisasuain appealed, asserting that the trial court’s ruling was inconsistent with the plain language of the relevant statute, which required a lack of consent by the victim through “words or conduct.”
- 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.