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Criminal Law Keyed to Weaver
United States v. Lake
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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:
Lake (Defendant) went to the beach at Little Magen’s Bay in St. Thomas and saw Milton Clarke (Clarke) sitting in the sand reading. Defendant approached Clarke and asked if Clarke owned a white car parked near the beach in the parking lot. The parking lot was located at the top of a hill and was not visible from the beach. Clarke told Defendant that he did own the white car, and Defendant walked away. Defendant returned, however, and asked Clarke if he could borrow the car. Clarke refused. Defendant returned twice more, and when Clarke told Defendant to leave him alone, Defendant pulled out a gun and demanded Clarke’s car keys. Clarke told Defendant he did not have the keys, and Defendant walked Clarke out to the water. While Clarke was in the water, he saw his friend Pamela Croaker (Croaker) on the beach and called out to warn her. Defendant then approached Croaker and demanded the keys to her car. When Croaker refused, the two tussled, and Defendant held the gun to Croaker’s head. Croaker gave Defendant the keys, and Defendant walked up the path leading to the parking lot. Croaker and Clarke followed Defendant, but by the time they got to the parking lot, Defendant was driving away. At Defendant’s trial, Croaker and Clarke testified that they were both very scared when they reached the parking lot. Croaker also testified she was in great fear after seeing Defendant’s gun.
- 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.