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Criminal Law Keyed to Ohlin
People v. Traughber
Citation:432 Mich. 208 (1989)
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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 December 22, 1984, at midnight, the defendant was driving at approximately 35 mph when he noticed the oncoming headlights of Linus Parr’s automobile. Parr testified that he was driving between 45 and 50 mph.
When the two cars approached each other, the defendant suddenly saw a large metal sign lying flat on the road. He was faced with a split-second decision in an attempt to avoid the sign. Thinking that he had enough space between himself and Parr’s car, he swerved to go around the sign. Parr also swerved, believing that the defendant was going off the road. The two cars collided and Parr’s passenger died.
At trial, the court held the defendant to a reasonable person standard. The court stated that the defendant should have been able to make a judgment factor at the time of going 35 mph, but failed to do so and created an emergency situation. He was convicted of negligent homicide.
- 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.