Evidence keyed to Fisher
State v. Kinney
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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 (who, by his own admission, was intoxicated the night of the crimes) and three of his friends drove to another man’s house one night, hoping to purchase cocaine. Defendant entered the house and after a short time came out of the house carrying a young woman (Victim) over his shoulder. Defendant claimed Victim came with him willingly, but Victim claimed she was taken from the bed where she was sleeping against her will, and that she repeatedly asked to be let out of the car where Defendant took her. Defendant, Victim, and the others arrived at a party and entered the house where the party was being held. Defendant claimed Victim walked into the house, “of her own volition,” but Victim claimed she was pulled into the house by her arm. One of Defendant’s friends that accompanied the two that night testified that Victim was dragged into the house, “like a puppy dog.” After leaving the party, Defendant and Victim went to Defendant’s parents’ house, where the sexual intercourse at issue took place. Defendant claimed the sex was consensual, while Victim claims she was raped by Defendant. The next morning, Victim was taken home by a friend of Defendant’s, and Defendant was eventually charged with and convicted of kidnapping, aggravated sexual assault, and lewd and lascivious behavior.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.