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Evidence keyed to Fisher
State v. Bocharski
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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 moved to the town of Congress with a friend and settled at a campsite; shortly after Defendant’s arrival, Victim moved into a nearby campsite. When Victim arrived, Defendant’s friend sold her fuel for her truck and was witnessed Victim pull his payment from a stash of money kept in the back seat of Victim’s truck. Defendant and Victim knew each other as a result of their close proximity to each other at the campground, and also because Defendant at times aided Victim with various chores. Defendant was also aware that Victim had roughly $500 in the truck. At trial, an acquaintance of Defendant’s, Richard Towell, testified that Defendant gave him money for groceries, and that Defendant stated that the money was from, “when he killed the old lady”; Towell also testified that at one time he witnessed Defendant, “cryin’, settin’ on the side of the bed.” After the discovery of the body of Victim, Defendant was put on trial; Defendant did not testify at his trial, and was convicted of the aforementioned crimes.
- 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.