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Evidence keyed to Fisher
People v. Zackowitz
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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:
Defendant’s wife was insulted on the street in Brooklyn, New York; Defendant angrily confronted the men who allegedly had made the comments, at first with only words. After Defendant and his wife arrived home, Defendant again returned to the scene where the insulting comments were made, a fight ensued, and Defendant shot Victim once, killing him. Evidence exists that Victim attacked Defendant with a wrench. In dispute is whether Defendant had the gun with him during the first confrontation (as Defendant claimed at trial), or if Defendant retrieved the gun when he arrived home, prior to returning to the scene of the insults and killing Victim (as Defendant stated to police following his arrest). At trial, the prosecution was permitted to present evidence to the jury that Defendant kept various weapons in his apartment, namely three pistols and a tear-gas 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.