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Criminal Law Keyed to Hoffmann
Gray v. Kohl
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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:
Pursuant to Florida School Safety Zone Statute, certain actions are prohibited within five hundred feet of school property. Specifically, §2(b) one may not enter or stay in the protected zone during certain hours except if the individual had a legitimate business. Also, under §2(c), one who does not have a legitimate business cannot stay in the zone after a school official request that he or she leave the area. A school official may solely ask a person to leave the protected area if they reasonably believed that the individual was going to engage in criminal conduct or harass students. Conduct contrary to the statute is a second-degree misdemeanor. Moreover, Plaintiff, Thomas Gray, guided members of a religious group into the protected area, which was around a Key Largo School, to hand out Bibles. Pursuant to the religious organization’s rules, Plaintiff told the local police department that they planed on distributing Bible two week before they actually distributed the Bibles. Also, Plaintiff notified the school official of their plans right before the distribution began, and had a member of the organization remain on the public area across from the school while hang out Bibles. Once the distribution began, multiple members of the organization were arrested by an officer at Sheriff Richard Roth command and charged with violating the statute. At that point, Plaintiff stopped handing out Bibles. Plaintiff brought suit against State Attorney Mark and Roth on the grounds that the statute was unconstitutionally vague, and Roth motioned for summary judgment.
- 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.