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Criminal Law Keyed to Gershowitz
Keeler v. Superior Court
Citation:2 Cal.3d 619, 87 Cal.Rptr. 481, 470 P.2d 617
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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:
Defendant (Keeler) and Teresa Keeler “obtained an interlocutory decree of divorce on September 27, 1968” after 16 years of marriage. Teresa Keeler was pregnant at that time with Ernest Vogt’s baby and subsequently began living with him. She did not inform the defendant. The defendant gained custody of his two daughters who were 12 and 13. The defendant learned about the pregnancy and confronted Teresa Keeler about it. He pushed Teresa against her car, kneed her in the stomach, and punched her in the face several times causing her to faint. Teresa Keeler sought medical attention. A Caesarian section was performed. The head of the fetus was fractured and was delivered stillborn. The evidence suggests that if the fetus would have been born on the day of the attack it had a 75-96% chance of survival. The defendant was charged with murder.
- 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.