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Criminal Law Keyed to Weaver
Hawaii v. Soares
Citation:72 Haw. 278, 815 P.2d 428 (1991)
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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:
Tam observed Soares and Suratt placing cartons of cigarettes into a shopping cart. Tam then observed Soares placing the cartons into a large handbag. Soares and Suratt then proceeded to exit the store without paying, Tam stopped them and Tam grabbed Soares. During the struggle Soares’s head hit Tam allowing Soares to get free and flee. Tam had instructed Marks to stop Suratt. Marks stopped Suratt but then Suratt tricked Marks to look the other way and Suratt fled.
The jury instruction regarding accomplice liability provided: “All persons who are present and participate in the commission of a crime are responsible for the acts of each other done or made in furtherance of the crime.”
- 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.