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Evidence keyed to Fisher
Commonwealth v. Weichell
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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:
Appellant and his friend, Thomas Barrett (Barrett), were involved in a fight with Francis Shea (Shea) and Shea’s friends. Following the fight, Robert W. LaMonica (Victim), a friend of Shea’s, allegedly uttered threats to numerous persons concerning Appellant, and Shea saw Appellant and LaMonica arguing the day following the fight. Around ten days following the initial fight between Appellant, Barrett, and Shea, LaMonica arrived home after work and parked his car in the parking lot adjacent to his apartment. LaMonica was shot and killed in the parking lot around midnight. John Foley (Foley) was nearby and claimed he heard four “bangs,” saw a man run out of the parking lot, pass under a street light, and get into a waiting car. When the man ran under the street light, Foley claimed he had about a one second view of the man’s face. From that observation, Foley assisted the police in making a composite drawing with the aid of an Identikit. Foley subsequently identified Appellant’s picture as the “the guy,” and, while driving with police around the area of the crime, identified Appellant again, this time in person.
- 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.