Evidence keyed to Waltz
Ellis v. State
Facts
On November 12, 1979, Richard Owens (“Mr. Owens”) noticed one of his newborn calves was missing. Days later, his son observed a calf fitting the description of the missing calf in a shed with other calves on a neighbor’s property. The Sheriff’s office was notified, and the calves were confiscated pending investigation. The following day an official from the Sheriff’s office took the calf in question to the Mr. Owens’ pasture. The calf was rejected by several cows when it attempted to nurse. The mother cow ran across the pasture bawling, and immediately licked the calf and allowed it to nurse. Lifelong cattlemen testified at trial that these actions of a cow in relation to a calf constitute the accepted test for determining maternal lineage. The Appellant testified that he purchased the calf, and he had a sales slip to prove the purchase. Further, Leon Owens testified that he sold a calf similar in appearance to the Appellant on October 23, 1979.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.