Criminal Law Keyed to Weaver
New Hampshire v. Merritt
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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:
Kevin Merritt (Defendant) and his girlfriend, Kelly Higgins, used two stolen credit cards to make purchases at several stores in a single day. Each time a purchase was made, Higgins handed the credit card to the sales clerk and signed the credit card slip, and Defendant was present nearby. The sales clerk at the Jordan Marsh department store told police that Higgins purchased jewelry and that Defendant was present in the store. At American Eagle, Higgins purchased men’s clothing. The sales clerk testified that Defendant stood by the counter as Higgins paid for the clothes and that Defendant “did all the talking.” Defendant also spoke extensively with the sales clerks at three jewelry stores. At J.C. Penney, Higgins purchased a pair of men’s work boots and a men’s diamond ring, both of which Defendant selected. The sales clerk in the jewelry department testified that staff spoke mainly with Defendant before the sale was made.
- 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.