SmartBrief
Confirm favorite deletion?
Children and Juvenile Law, Keyed to Feld, 6th Ed.
In the Matter of Z.M.
Citation:
337 Mont. 278, 160 P.3d 490 (2007)Facts
On November 3, 2005, Z.M.’s mother called the high school to report that her fourteen-year-old son had not returned home the previous night and requested that he be picked up if found. Officer Bache, a reserve police officer, was asked to look for Z.M. and another absent student, D.O. Later that morning, Bache spotted the boys walking along a street in Hot Springs. When he stopped them, he detected alcohol on them and noticed a bulge in Z.M.’s shirt. Bache searched the boys and found bottles of alcohol and money. He took them to the police station, where they were questioned about recent burglaries. Before Z.M.’s parents arrived and before receiving Miranda warnings, Z.M. confessed to burglarizing a bowling alley. When Z.M.’s parents arrived, Bache claims he read Z.M. his Miranda rights and continued questioning, during which Z.M. again confessed. Bache did not have Z.M. or his parents sign a waiver form, claiming he recorded the Miranda warnings, but the tape was later lost. Z.M.’s shoes were taken as evidence at the end of the interview.
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.