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Criminal Law Keyed to Ohlin
People v. Peck
Citation:260 Ill. App. 3d 812 (1994)
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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:
In June of 1992. police were sent to the defendant’s residence based on a neighborhood disturbance call. As the officers spoke with the defendant, he was belligerent and spit on one of the office’s face, glasses, and cheek. The officers attempted to arrest him, but he fought them by kicking and pulling away. Ultimately, three officers were able to subdue him and place him under arrest.
After a trial, the defendant was convicted of aggravated battery to a police officer and resisting a peace officer. The defendant appealed, arguing that the State failed to prove him guilty of aggravated battery because spitting alone cannot sustain a conviction.
- 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.