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Criminal Procedure keyed to Saltzburg
Burks v. United States
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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 Burks was convicted for armed robbery of a federally insured bank. His principal defense was insanity, and provided witnesses that testified to that fact. The Government produced other witnesses that rebutted that. The petitioner moved for acquittal before the case went to jury, and was denied. Upon conviction, petitioner filed a motion for a new trial, maintaining that the evidence was insufficient to support the verdict. The District Court denied. The petitioner appealed, and the Court of Appeals agreed. It reversed and remanded on the issue of whether there should be a directed verdict of acquittal or a new trial.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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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