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Criminal Law Keyed to Gershowitz
Everton v. District of Columbia
Citation:993 A.2d 595.
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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 January 12, 2007, at approximately 7:45 p.m., the defendant was “yelling and screaming” on a public sidewalk. Officers were on patrol in that area when they heard a loud “commotion” and turned to see the defendant standing next to his bicycle.
After approaching the defendant, an officer noticed that he had a very strong odor of alcohol on his breath, his eyes were bloodshot and watery, and he was unsteady on his feet. Another officer also observed that the defendant’s speech was slurred and very loud and that the defendant could “hardly stand.” The officers asked the defendant to quiet down and move on, and told him not to ride his bicycle because he was so intoxicated. The defendant, however, proceeded to ride his bicycle. He rode away and almost hit a small child who was in the crosswalk. The defendant then lost control of the bicycle and fell on the ground.
He was arrested and convicted of driving under the influence. He appealed, arguing that his bicycle does not constitute a vehicle.
- 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.