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Criminal Law keyed to Dripps
Fulcher v. State
Citation:633 P.2d 142.
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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 November 17, 1979, the defendant was out drinking and got into a fight in a bar restroom. Following the fight, he left the bar to find his friend. A police officer subsequently found the defendant and his friend lying in an alleyway with abrasions on their fists and faces. They were booked for public intoxication and disturbing the peace. During the booking the defendant kept saying they were jumped by a “bunch of Mexicans.” Defendant was placed in a cell with Martin Hernandez who was lying unconscious on the floor. The jailer left and soon heard a kicking sound. He went to check and saw defendant standing over Hernandez. He left again and heard the kicking sound resume. The jailer then observed the defendant kicking and stomping on Herandez’ head, and Hernandez was bleeding. The defendant subsequently told an officer that Hernandez had fallen out of bed. Hernandez was taken to the hospital where he received 52 stitches and lost two or three teeth.
- 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.