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Criminal Law keyed to Dripps
People v. Saille
Citation:54 Cal.3d 1103, 2 Cal.Rptr.2d 364, 820 P.2d 588.
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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:
Just before noon on November 30, 1985, the defendant began drinking at a friend’s house. He consumed 15 to 18 beers by 6:00 p.m. and then went to a bar and drank 3 or 4 more beers. He was noticeably drunk by 9:00 p.m. and a bartender signaled for the security guard, David Ballagh, to ask the defendant to leave. The defendant returned an hour later and was reminded by Ballagh he could not enter the bar. Defendant returned again around 11:00 p.m. when he was again turned away. The defendant then threatened to get his gun and kill Ballagh. Around 1:00 a.m., the defendant went home and grabbed his semiautomatic assault rifle. He returned to the bar, and Ballagh tried to grab the gun during which time the rifle discharged killing a patron, Guadalupe Borba. Defendant was eventually subdued, but both he and Ballagh were shot during the struggle.
- 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.