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Evidence keyed to Waltz
Soles v. State
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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:
While the deceased and a small party of other men were out looking for whiskey for one of the men, they were scared away from an area by what sounded like a gunshot. Two men who had left the vehicle, got back in and they began to drive away. Clifford Long (“Mr. Long”) was then wounded in the back of the head with a twenty two caliber rifle (the “rifle”). About twenty five minutes after he was shot, his father asked Mr. Long who had hurt him. Mr. Long replied that Carl Soles (“Mr. Soles”) had shot him with the rifle. The defense objected to this statement at trial, but the objection was overruled. The defense also asked that a limiting instruction be given to the jury indicating that, should they not believe that the statement in question was made under fear of impending death, they should discount it during deliberation. The judge refused to give the instruction.
- 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.