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Criminal Law Keyed to Kaplan
In the Interest of M.T.S.
Citation:129 N.J. 422, 609 A.2d 1266 (1992)
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- 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.
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- 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:
Fifteen-year-old C.G. resided with her family in a three-bedroom townhome. Seventeen-year-old M.T.S. (defendant) temporarily resided in the townhome as well. The two teenagers provided different accounts as to the events leading up to the alleged sexual assault. C.G. contended that M.T.S. had joked with her that he would make a surprise trip up to her bedroom. One evening, she awoke and found M.T.S. having sexual intercourse with her. She slapped him and he left the room. In his version of events, M.T.S. stated that C.G. had repeatedly encouraged him to make a surprise trip to her bedroom. One evening, he and C.G. kissed and eventually had sexual intercourse. When C.G. pushed him off and said “stop, get off,” M.T.S. complied. Ultimately, M.T.S. was found to be a juvenile delinquent for committing a sexual assault.
- 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.