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Criminal Law keyed to Dripps
Commonwealth v. McGowan
Citation:464 Mass. 232, 982 N.E.2d 495.
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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:
On October 19, 2008, police were dispatched to defendant’s home for a domestic disturbance. When the police arrived, the defendant informed the officers that he had an argument with his female “roommate” over a ten-dollar loan and his roommate became angry. The roommate then retrieved defendant’s loaded Smith & Wesson forty caliber semiautomatic handgun from the unlocked drawer in his bedside table, proceeded to leave the house and threw the handgun into the bushes beside a neighboring house. The defendant exited the house to retrieve the handgun and his roommate locked him out. The officers retrieved the handgun which was loaded with ten rounds, one in the chamber and nine in the magazine. The defendant advised that it was loaded in this manner when his roommate took it.
- 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.