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Criminal Law Keyed to Gershowitz
People v. Wolff
Citation:
61 Cal.2d 795, 40 Cal.Rptr. 271, 394 P.2d 959.Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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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, a 15-year-old boy, obtained an axe handle from the family garage and hid it under the mattress of his bed. A few days later, he approached his mother from behind and struck her on the back of the head. She turned around screaming and he struck her several more blows. She called out her neighbor’s name and defendant began choking her. She bit him on the hand and crawled away. He got up to turn off the water running in the sink, and she fled through the dining room. He gave chase, caught her in the front room, and choked her to death with his hands.
Defendant then took off his shirt and hung it by the fire, washed the blood off his face and hands, read a few lines from a Bible or prayer book lying upon the dining room table, and walked down to the police station to turn himself in. Defendant told the desk officer, “I have something I wish to report . . . I just killed my mother with an axe handle.”
He was charged with the murder of his mother. He plead not guilty by reason of insanity. At trial, there was evidence from experts that the defendant was suffering from schizophrenia. The jury found him legally sane and the court determine the crime to be murder in the first degree. He appealed.
- 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.
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