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Evidence keyed to Fisher
Hygh v. Jacobs
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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:
Plaintiff-Appellee / Cross-Appellant visited a friend’s home and an argument ensued between Plaintiff-Appellee / Cross-Appellant and his friend. Plaintiff-Appellee / Cross-Appellant left the home, removed a propane tank that was attached to the house, and placed the tank on the ground. Plaintiff-Appellee / Cross-Appellant’s friend called the police and Defendant-Appellant / Cross-Appellee, a police officer, arrived. After Defendant-Appellant / Cross-Appellee’s arrival, a “heated exchange” took place between Plaintiff-Appellee / Cross-Appellant and the officer. The argument progressed into a shoving match, and eventually Plaintiff-Appellee / Cross-Appellant was told by Defendant-Appellant / Cross-Appellee that he was under arrest. Defendant-Appellant / Cross-Appellee, at some point during the conversation with Plaintiff-Appellee / Cross-Appellant, struck Plaintiff-Appellee / Cross-Appellant in the face. Plaintiff-Appellee / Cross-Appellant claims he was struck while bending over; Defendant-Appellant / Cross Appellee, however, claims that he hit Plaintiff-Appellee / Cross-Appellant in self-defense, after Plaintiff-Appellee / Cross-Appellant had shoved him. Plaintiff-Appellee / Cross-Appellant suffered fractured cheekbones as a result of the blow, and was taken to a hospital where plastic surgery was performed. the surgeon eventually would testify, at trial, that a blow from, “a blunt instrument of some sort” was the normal cause of injuries such as those of Plaintiff-Appellee / Cross-Appellant. At trial, Defendant-Appellant / Cross-Appellee testified that he had a flashlight in his hand during the altercation, as he had responded the call when it was dark. Also at trial, Terry C. Cox (Cox) testified as an expert witness; Cox was a university professor when he gave his testimony. Cox stated that in his opinion, using a flashlight as a weapon, “greatly increased the risk of physical injury posed by the use of a baton or nightstick.” Also at trial, Cox testified that, in his opinion, Defendant-Appellant / Cross-Appellee had used “deadly physical force” when such a level was not “warranted under the circumstances.” Finally, Cox testified that Defendant-Appellant / Cross-Appellee’s actions where “totally improper.” The jury awarded Plaintiff-Appellee / Cross-Appellant $216,000.00 for excessive force, $65,000.00 for false arrest, nominal damages in the amount of $1.00 for malicious prosecution, and $1,000.00 for punitive damages.
- 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.