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Criminal Law Keyed to Gershowitz
Davies v. Commonwealth
Citation:15 Va. App. 350, 423 S.E.2d 839.
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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 August 21, 1990, Davies filed a credit application in the name of Brian Stark at a Circuit City store. He claimed that he was an attorney. He produced an identification card in the name of Brian Stark. Upon approval of his credit application, Davies purchased on credit a camcorder, a tripod and a car stereo. The value of this property totaled $1,306.16.
On the same day, Davies also filed a credit application in the name of Brian Stark at a Luskins store. He was approved for credit and purchased on credit a camcorder with a selling price of $799.99.
At trial, Davies requested that the jury be required to find that the owner of the property parted with both “possession of and title to” the property. The trial court required only proof that the defendant obtained possession of the equipment. He was convicted of two counts of grand larceny by false pretenses. He 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.