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Criminal Law Keyed to Weaver
New York v. Kaplan
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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:
Murray Kaplan (Defendant) was involved in a cocaine ring led by Defendant’s cousin, Mike. During a police investigation into the operation, Detective Janis Grasso (Grasso) posed as a drug courier and arranged to purchase cocaine from Mike. When Grasso arrived at Mike’s office, Mike told Defendant, who was present at the office, to “take care of” Grasso. Defendant then retrieved a manila envelope from a file cabinet and placed it in front of Grasso. In exchange, Grasso handed Defendant $15,000 in cash. Defendant took the money and immediately began to count it. Defendant was subsequently charged as an accomplice to criminal sale of a narcotic. At trial, the defense requested the court to charge the jury that, to find Defendant guilty as an accomplice, the jury must find that Defendant had both specific intent to sell a narcotic and a shared intent or purpose with the principal actors. The court denied counsel’s request, noting that themens rearequired for criminal sale was not the specific intent to make a sale, but the knowledge that the substance sold was a narcotic. The court then instructed the jury that to be found guilty as an accomplice, Defendant must have acted with knowledge that he was selling cocaine and must have intentionally aided in the sale of the cocaine. Defendant was convicted. The appellate division affirmed. The court of appeals granted Defendant leave to appeal.
- 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.