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Duncan v. Louisiana
Citation:391 U.S. 145 (1968)
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Duncan v. Louisiana
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- 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:
The Appellant, Gary Duncan, was convicted of battery. Under Louisiana state law, battery is a misdemeanor, punishable by a maximum of two years’ imprisonment and a fine of a few hundred dollars. The Appellant sought trial by jury. However, the Louisiana Constitution grants jury trials only in cases in which capital punishment or imprisonment at hard labor may be imposed. Thus, the trial judge denied the request. The Appellant was then convicted and sentenced to serve two months in the parish prison and to pay a fine.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Policy: Identifies the Policy if any that has been established by the case.
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