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Criminal Law keyed to Dripps
People v. Swanson
Citation:57 Cal.App.5th 604, 272 Cal.Rptr.3d 1.
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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:
On March 8, 1993, defendant and Anthony Chapple robbed four people at gunpoint at a Long Beach gas station. Ruben and Rosa Garcia, Ruben’s brother, and a female customer were the four victims of the robbery. The defendant and Chapple forced the victims into a storage room and took jewelry, purses, and cartons of cigarettes. Defendant then dragged pregnant Rosa by the hair to the front office calling her names and saying he would kill her if she did not open the safe. Rosa did not have the keys to the safe and the defendant shoved her to the ground. Ruben tried to stop the defendant, but Chapple threatened to shoot his brother. The robbers then emptied the cash register and took money from Ruben’s wallet. As the men were leaving, defendant pointed a gun at Ruben and Rosa firing one shot. Ruben then grabbed a gun from the desk drawer, loaded it, and chased the men. Ruben fired shots in the men’s direction, ultimately killing Chapple.
- 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.