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Evidence keyed to Fisher
Lilly v. Virginia
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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, along with his brother and his brother’s roommate, allegedly broke into a home and stole numerous items, including liquor, guns, and a safe. The next day the car the three were traveling in broke down, and they abducted Alex DeFilippis (DeFilippis), stole his car, and one of the three shot and killed him. After committing additional robberies, the three men were caught by police and interviewed separately. Petitioner claimed that he was forced to participate in the robberies by his brother and brother’s roommate, and did not mention DeFilippis’s murder. Petitioner’s brother and Petitioner’s brother’s roommate both told police that it was Petitioner that was responsible for planning the robberies. Petitioner’s brother, during his interview with police, stated that he, “didn’t have nothing to do with” the murder of DeFilippis, and told police that Petitioner was the one who shot DeFilippis. At trial, the prosecution called Petitioner’s brother to testify, but after Petitioner’s brother invoked his 5th amendment right against self-incrimination, the prosecution offered the statements Petitioner’s brother made to police under the hearsay exception for declarations, made by an unavailable witness, against penal interest. The trial court allowed the statements, over Petitioner’s objection, and Petitioner was convicted.
- 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.