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Evidence keyed to Fisher
Idaho v. Wright
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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:
Respondent was charged, under Idaho law, with two counts of lewd conduct with a minor under 16; Respondent’s daughters, aged 5 and 2 at the time of the alleged crimes, were the alleged victims of the lewd conduct. Respondent shared custody of the older daughter (under an informal agreement) with her ex-husband; each had the older daughter for 6 months of each year. During one 6-month period spent with her father, the older daughter told her father’s female companion Cynthia Goodman (Goodman) that she and her sister had been sexually abused by Respondent and Respondent’s male companion, Robert L. Giles (Giles). Goodman notified the police of what he had been told, and took the older victim to the hospital; the police, acting on Goodman’s allegations, took the younger daughter (who was living with Respondent at the time) to the hospital as well. At the hospital, an examination was conducted by Dr. John Jambura (Jambura), who is described as a, “pediatrician with extensive experience in child abuse cases.” The exam revealed evidence, “strongly suggestive of sexual abuse with vaginal contact.” The trial court, after a voir dire examination of the younger daughter, decided that the younger daughter (3 years old at the time of trial) was incapable of communication with the jury. Jambura was then allowed to testify, at trial, to the jury about the statements made to him by the younger daughter during the examination, which indicated that she had been sexually abused. The statements were admitted under Idaho’s residual hearsay exception, over the objection of Respondent.
- 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.