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Evidence keyed to Fisher
Boggs v. Collins
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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:
Victim alleged that Petitioner-Appellee came to her home, asked to use her bathroom, and, after inside, repeatedly raped her and threatened her with violence. Victim was taken to the emergency room by her mother, who testified at trial that Victim alleged it was Petitioner-Appellee who had assaulted her. Victim was examined by a physician at the hospital, who testified at trial that Victim had several injuries that were, “consistent with the attack she had described . . . [despite not finding] any injuries to the vulva or the vagina.” Numerous other witnesses testified to seeing Petitioner-Appellee the night of the alleged rape, and all testified that Petitioner-Appellee appeared drunk, one testifying that Petitioner-Appellee stated that he, “had told them that he was so drunk that he would ‘not be surprised at anything.'” During trial, Petitioner-Appellee successfully inquired into Victim’s past drug use and mental illness, and Victim acknowledged that she had experienced delusions. When Petitioner-Appellee attempted to ask, during cross-examination of Victim, whether she had made a previous false accusation of rape, however, the court barred examination of the subject.
- 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.