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Criminal Procedure keyed to Kamisar
Taylor v. Illinois
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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:
Petitioner, Taylor, was convicted of attempted murder, resulting from a street fight in the south side of Chicago in 1981. On the second day of trial, after the prosecution’s two principal witnesses had completed their testimony, defense counsel asked to amend his answer to discovery to include two more witnesses, who had likely seen the “entire incident.” Through examination, it later became evident that defense counsel already knew the identity of the witness and could have introduced it into discovery. As a means of sanctioning defense counsel for precluding this evidence, the trial judge concluded it was not as trustworthy and precluded the witness from testifying. Taylor appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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