SmartBrief
Confirm favorite deletion?
Criminal Law Keyed to Weaver
People v. McCoy
Citation:
223 Mich.App. 500, 566 N.W.2d 667 (1997)Facts
Two sisters were on their way home from school and were standing on the yellow lines in the middle of road waiting for the traffic to clear. McCoy hit the two sisters from behind with his van. One of the sisters was injured, and the other died as a result of being hit by the van.
At trial, the sole witness to the accident stated that McCoy was traveling at a speed of around 55 mph. The speed limit for that area was 35 mph. Further testimony showed that after the accident McCoy continued driving slowed to 25 mph and turned left, against a red light, nearly hitting several cars. McCoy then continued weaving in and out of traffic causing one car to go off the road. He then made a turn causing the tires to squeal and nearly hitting a grandmother with her grandchild.
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.
Topic Resources
Topic Videos