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Criminal Law Keyed to Osler
Graham v. Florida
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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:
At 16 years old defendant was convicted of attempted robbery of a barbeque restaurant. They were unsuccessful in taking nay money but they caused head injuries that required stiches to the restaurant manager. Defendant was charged as an adult, but after pleading guilty the defendant sent a letter to the judge asking for a second chance and that he promised to turn his life around if given a second chance. He was sentenced to 3-years of probation.
Less than 6 months later defendant was arrested connected to home invasions robbery. Defendant and two others held a man hostage in his own home while looking for money to take. Defendant participated in a second robbery that night during which another robber was shot. Defendant dropped his friends off at the hospital to take care of the gun wound, but as he drove away was motioned to pull over my officers. Defendant sped away but crashed into a telephone pole and was arrested. Three handguns were found in the car. Defendant was arrested related to the two robberies and was 34 days short of his 18th birthday. Defendant maintained that he was not part of the robberies but admitted to violating probation by fleeing.
- 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.