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Criminal Law Keyed to Ohlin
People v. Howard
Citation:34 Cal. 4th 1129, 104 P.3d 107 (2005)
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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:
At midnight on May 23, 2002, a patrol office pulled over the defendant. When the officer got out of the patrol car, the defendant restarted his car and sped to a nearby freeway. A chase ensured and speeds reached 90 miles per hour. The defendant ran two stop signs and a red light, drove on the wrong side of the rode, and at some point made a sharp turn onto a small dirt road and secaped.
Minutes later, a different patrol car saw the defendant and took up the chase. Eventually, the officer gave up the prusit, fearing that the high speed might cause an accident. About a minute after the officer stopped chasing the defendant, he saw the defendant run a red light and collide with a car. The driver was killed and the passenger was seriously injured.
- 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.