SmartBrief
0
Confirm favorite deletion?
Criminal Law Keyed to Kennedy
Illinois v. Walker
Citation:
204 N.E.2d 594 (1965)Facts
On the night of June 2, 1961, the defendant and others were drinking and talking on a porch at 3310 South Indiana Avenue in Chicago. A man that they did not know, John Stenneth, approached and demanded that they gamble. When he was refused, he drew a knife and started toward them, He tried tried to cut them and the defendant threw a brick that hit Stenneth and knocked him down. Then, the defendant picked up Stenneth’s hand with the knife in it and said “he would cut his throat with his own knife.” He cut Stenneth and walked away.
The defendant was convicted of murder. He appealed, arguing that he was guilty of manslaughter and not murder.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.
Topic Resources
13m 8s