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Evidence keyed to Fisher
Commonwealth v. Stockhammer
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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 and Complainant, at the time of the alleged rape, were both college freshmen, and friends. After spending a day with her boyfriend from out of town, Complainant and Defendant went to dinner together. Following dinner, Complainant and Defendant claim different events transpired. Complainant claimed that she and Defendant were alone in her room, and that she drank some alcohol; she asserted that Defendant did not drink any alcohol on the night in question. Complainant claimed that Defendant made sexual advances at her, but that she rejected the advances. Complainant then claims Defendant held her down and forced her to have sexual intercourse with her. According to Defendant, he and Complainant engaged in consensual fondling after dinner, and that he left thereafter to, “attend a previously scheduled engagement with some friends.” Defendant claimed that he returned later that night and had consensual sexual intercourse with Complainant. Nearly nine month later, Complainant, “ingested a large number of cold pills and was hospitalized.” Following her hospitalization, Complainant spent six days as an inpatient at a New York Medical Center, and also received outpatient counseling from a social worker. After the hospitalization, Complainant’s father received an anonymous call, telling him that Complainant, “was telling others that she had been sexually assaulted.” Complainant’s father confronted Complainant, and Complainant told him that she was in fact raped by Defendant. At trial, Defendant was allowed to view certain hospital records of Complainant’s, but was not allowed to view the social worker’s records, after the trial court held an in camera inspection and ruled them inadmissible. Defendant was unaware of and did not view the records from the New York Medical Center. Defendant was convicted of rape, and appealed that conviction here.
- 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.