Confirm favorite deletion?
Criminal Law Keyed to Gershowitz
Morissette v. United States
Citation:342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288
CaseCast™ – "What you need to know"
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. Review the Facts of this case here:
The United States government was using a piece of land in Michigan as a practice bomb range. Bomb shells were cleared from targets into piles. Some of the shells were older than four years old. The land had signs posted that said “Danger-Keep Out-Bombing Range.” Despite the signs, the land was often used for hunting. Morissette went hunting on the land but when he saw the piles of shells, he collected three tons to salvage. He took them to a nearby farm where the shells were flattened by a tractor. After labor and trucking, Morissette realized $84. Morissette took the shells during the day and made no action to conceal it. When he was approached by authorities, Morissette told them that “he had no intention of stealing but thought the property was abandoned, unwanted and considered of no value to the Government.”
- 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.