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Criminal Law Keyed to Gershowitz
People v. Salas
Citation:7 Cal.3d 812, 103 Cal.Rptr. 431, 500 P.2d 7
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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:
The defendant went to Hub Bar on June 7, 1968. He asked the bartender for a six-pack of beer. When the bartender retrieved the beer, he saw the defendant pointing a gun at him who demanded the money from the register. The defendant received about $150. A police officer found two suspects in a car which he pulled over. The deputy asked the men to put their hands out of the windows, but neither complied. The driver fled on foot into an open field. The defendant did not respond. Another deputy arrived on the scene who approached the vehicle on the driver’s side. Shots were fired and the deputy fell to the ground. The defendant exited the car holding a gun. The defendant was arrested.
- 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.