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Criminal Law Keyed to Lee
People v. Harris
Citation:72 Ill.2d 16, 377 N.E.2d 28 (1978)
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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:
The defendant and his partner, Miss Baker, were in a car and arguing. The defendant accused Miss Baker of infidelity. He reached down and picked up a revolver from the floor to he car, placed it in his lap with the barrel pointed at Miss Baker, and made several remarks which Miss Baker interpreted as threats to kill her.
She got out of the car and began to run away, but she ran into a barbed wire fence and injured her leg. The defendant got out of the car but did not pursue her. She returned to the car and drove off without the defendant. He shot at the car and broke the window.
He was charged with attempted murder. The trial court instructed the jury that a person commits the crime of murder if he intends to kill or do great bodily harm to that individual. He was found guilty. The defendant appealed, arguing that the jury instruction allowed the jury to find him guilty of attempted murder if the jury found that he had acted only with the intent to do great bodily harm and did not have the intent to cause death.
- 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.