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Criminal Law Keyed to Kaplan
People v. Barnes
Citation:42 Cal. 3d 284, 228 Cal. Rptr. 228 (1986)
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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:
Marsha M. visited Barnes’ (defendant) home to purchase marijuana. Barnes persuaded her to come inside his home. There, Barnes made advances towards Marsha despite her insistence that “she only wanted to buy marijuana and leave.” Upon approaching the front gate, Marsha realized she was unable to open it. She followed Barnes back inside the home under the belief that he would eventually let her leave. Back inside the home, Barnes made additional advances towards Marsha and the two engaged in sexual intercourse. Marsha accused Barnes of rape. She contended that she believed that if she refused that he would become physically violent. Barnes, in return, argued a defense of consent.
- 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.