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Torts Keyed to Henderson
Courvoisier v. Raymond
Citation:23 Colo. 113, 47 P. 284 (1896)
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- 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.
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- 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 his bedroom in the second story of his jewelry store. His sister was asleep down the hall. Just after midnight, defendant was startled awake by the sound of men trying to break into his store. He went downstairs to confront them. The robbers used profane epithets, broke some signs upon the front of the building, and then entered the building by another entrance, and passing upstairs commenced knocking upon the door of a room where defendant’s sister was sleeping. Defendant grabbed his revolver and chased them out to the street. Defendant fired warning shots in the air to frighten them away, but they started throwing rocks at him. The shots attracted plaintiff Edwin Raymond, a police officer. Plaintiff approached defendant, claiming that he was an officer and asking defendant to stop shooting. Defendant fired at plaintiff and caused an injury. Plaintiff sued for assault.
Defendant claimed that plaintiff was approaching him in a threatening attitude, and he shot in self-defense as he genuinely believed that he was in danger at that moment.
- 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.