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Criminal Procedure Keyed to Dressler
Lo-Ji Sales, Inc. v. New York
Citation:442 U.S. 319, 99 S.Ct. 2319, 60 L.Ed.2d 920.
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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:
An investigator for the New York State Police purchased two reels of film from the defendant’s so-called “adult” bookstore. Upon viewing them, he concluded the films violated New York’s obscenity laws. Based upon an affidavit of the investigator, a warrant was issued authorizing the search of the defendant’s store. On the list of “things to be seized,” the warrant described only the copies of the two films the state investigator had purchased.
Officers seized hundreds of books, films, and articles. After the search was completed, the seized items were taken to a State Police barracks where they were inventoried. Each item was then listed on the search warrant. The warrant, which had consisted of 2 pages of when he signed it before the search, contained 16 pages after the inventory. The town justice signed the amended warrant.
The defendant appealed.
- 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.