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Evidence keyed to Fisher
State v. Batangan
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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’s daughter (Victim) reported to school authorities that Defendant had physically abused her; no evidence of physical injury was found on Victim. Victim then admitted that she had lied about the physical abuse, but the claimed that Defendant had performed sexual acts on her four of five times. At Defendant’s first trial, he was acquitted of a rape charge and a hung jury resulted in a mistrial as to a charge of sexual abuse. At Defendant’s second trial for sexual abuse, Dr. John Bond (Dr. Bond), who was a clinical psychologist with a subspecialty in sexually abused children’s treatment, was called by the prosecution to testify, and allowed to do so. Dr. Bond testified that, following his evaluation of Victim, it was his opinion that Victim was believable and that she had been abused by Defendant. Dr. Bond also testified as to Victim’s personality and intelligence, and offered some general testimony concerning the behaviors of sex abuse victims. Defendant was convicted, and appeals, citing the admission of Dr. Bond’s testimony.
- 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.