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Evidence keyed to Fisher
Cruz v. New York
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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:
Petitioner and co-defendant were friends with two brothers, Noberto Cruz and Jerry Cruz; Jerry Cruz was murdered prior to the murder for which Petitioner was ultimately convicted. Following Jerry Cruz’s murder, police questioned Noberto Cruz, who told police of a conversation he had with Petitioner and co-defendant. Noberto Cruz told police that Petitioner and co-defendant had visited his apartment, and that Petitioner was wearing a bandage stained with blood at the time. According to Noberto, Petitioner told him that he and co-defendant had been involved in a robbing at a gas station the night previous and, when the attendant had pulled a gun and shot Petitioner, co-defendant had killed the attendant. Police eventually questioned co-defendant about the murder of Jerry Cruz, and although co-defendant denied any involvement with Jerry Cruz’s killing, co-defendant voluntarily confessed that he had killed the gas station attendant. Co-defendant later made the same confession on videotape to police, stating that he, Petitioner, Jerry Cruz, and another man had robbed a gas station and that he had killed the attendant after the attendant shot Petitioner in the arm. At trial, the videotaped confession of co-defendant was allowed into evidence, and the judge instructed the jury that the confession of co-defendant was not to be used in determining Petitioner’s guilt. The prosecution also called Noberto Cruz, who testified about Petitioner’s visit to his apartment and the confession Petitioner had made to him about the gas station robbery and the killing of the attendant.
- 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.