SmartBrief
0
Confirm favorite deletion?
Criminal Law Keyed to Lee
People v. Marrero
Citation:
69 N.Y.2d 382, 507 N.E.2d 1068, N.Y.S.2d 212 (1987)
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
The defendant was a Federal corrections officer when he was arrested in a Manhattan social club for possession of a loaded pistol without a permit. He claimed that he mistakenly believed he was allowed to do so under a law that allowed peace officers to carry a handgun without a permit. It turned out that a Federal corrections officer does not meet the definition peace officer.
At trial, the court rejected the argument that the defendant’s personal misunderstanding of the definition of a peace officer is enough to excuse him from liability. He was convicted of criminal possession of a weapon in the third degree.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.
7m 21s
