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Criminal Procedure keyed to Weinreb
Arizona v. Hicks
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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:
A bullet was fired through the floor of the Respondent’s apartment, hitting an individual in the apartment below. In response to the shooting, the police entered the Respondent’s apartment and found three weapons and a stoking-cap mask. One of the officer’s who entered the Respondent’s apartment noticed expensive stereo equipment that looked out of place and he moved the components to check their serial numbers. After phoning the police station, the officer learned that the equipment was taken during a recent armed robbery. The officer seized some of the equipment immediately and obtained a warrant to seize the rest of it, which was determined to have been taken during the same armed robbery. The Respondent was indicted for robbery. The state trial court granted the Respondent’s motion to suppress, the Arizona Court of Appeals affirmed, the Arizona Supreme Court refused to review, and the state filed a petition to the Supreme Court.
- 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.