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Criminal Law Keyed to Kaplan
Commonwealth v. Fischer
Citation:721 A.2d 1111 (Pa. Super. 1998)
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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:
Fischer (defendant) and an eighteen-year-old college freshman went to his dorm room where they kissed and fondled one another. The two separated and went to the dining hall, but they met up again that day in Fischer’s dorm room. The freshman alleged that during this second encounter, Fisher locked the door, pushed her on the bed, and forced her to perform fellatio. Fischer, however, alleged that the he reasonably believed the second sexual encounter was consensual. Fischer was charged and convicted of involuntary deviate sexual intercourse. On appeal, Fischer claimed ineffective assistance of counsel for the failure to include a jury instruction on the mistake of fact defense.
- 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.