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Criminal Law Keyed to Kadish
People v. Evans
Citation:85 Misc. 2d 1088, 379 N.Y.S.2d 912 (1975)
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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 is a bachelor about 37 years old. Defendant met a 20-year-old female, Miss P., from North Carolina who had disembarked an incoming plane at La Guardia Airport. Defendant pretended to be a psychologist writing a magazine article and used a fake name to induce Miss P. to answer questions. Defendant and a woman named Bridget took via car Miss P. to a singles’ bar in Manhattan. Defendant told Miss P. the purpose of this trip was for a sociological experiment to observe Miss P.’s reactions and reactions of males towards her. Defendant induced Miss P. to come up to his apartment after several hours at the singles’ bar.
After one to two hours at Defendant’s apartment, Defendant pulled Miss P. onto a sofa bed in the living room and attempted to remove her clothes. Miss P. warded off these advances and re-dressed herself. Defendant told Miss P. that she had failed the test and his advances were part of his psychological experiment to reach her innermost consciousness. Defendant told Miss P. that he was a stranger and that he could kill, rape, or hurt her. Miss P. became frightened, but Defendant played on her sympathies by telling her she reminded him of a woman he loved who killed herself. Miss P. reached out to Defendant and put her hand on his shoulders.
Afterward, Defendant and Miss P. engaged in multiple acts of sexual intercourse and oral-genital contact until 7 a.m. the next morning. Miss P. resisted very little during the multiple acts of sexual intercourse and oral-genital contact. Miss P. dressed and left the apartment around 7 a.m.
- 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.