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Criminal Law Keyed to Weaver
People v. Dlugash
Citation:41 N.Y.2d 725, 363 N.E.2d 1155, 395 N.Y.S.2d 419 (1977)
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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:
Geller, Bush, and Dlugash went out drinking and during the conversation Geller asked Bush multiple times for rent as Bush had been staying at Geller’s apartment. Bush responded that he better shut up or he’ll be getting a bullet. Later all three went to Geller’s apartment where the drinking continued. Geller brought up the rent money again and Geller drew his pistol and shot Geller 3 times. Geller fell to the floor, he was motionless and his eyes were closed. After a few minutes Dlugash walked up to Geller’s body and shot him 5 times in the head and face. Three medical examiners at trial stated they could not be sure if Geller was alive at the time Dlugash shot Geller.
- 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.