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Torts Keyed to Epstein
Courvoisier v. Raymond
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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 was asleep in the second story of a building. He occupied a portion of the lower floor of this building as a jewelry store. Parties shaking or trying to open the door of the jewelry store woke Defendant up. These parties insisted on being admitted into the jewelry store. Upon Defendant’s refusal, the parties broke some signs and entered the building through another entrance. The parties knocked on the door where Defendant’s sister was sleeping. Defendant grabbed his gun and chased the parties out of the building. In order to frighten the parties, Defendant fired a warning shot in the air. The parties were not scared and threw bricks at Defendant. Defendant fired more warning shots. The first warning shot attracted Plaintiff, a police officer. Plaintiff approached Defendant, calling out to him that he was a police officer and to stop shooting. It was dark but the street was well lighted. Defendant took aim of Plaintiff and fired, causing injury to Plaintiff. Plaintiff claims that Defendant, knowing him to be a police officer, recklessly fired the shot in question. Defendant claims that Plaintiff was approaching in a threatening manner and the surrounding circumstances were such to cause a reasonable man to believe that his life was in danger. The trial court held in favor of Plaintiff. Defendant appealed.
- 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.