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Criminal Law Keyed to Gershowitz
People v. Zierlion
Citation:16 Ill.2d 217, 157 N.E.2d 72.
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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 the night of February 4, 1958, four men, namely Tony Gallas, Tom Hills, Paul Petropulos and Ronald Utterbach, entered the office-warehouse of Martin Oil Service, Inc., in Chicago. They pushed a safe belonging to the company out of a second floor window into the yard of the premises. It was too heavy to move, so they left to get help.
An employee of the company who came to work saw them and called the police. The police arrived and waited there until about 2:15 A.M. At that time two automobiles appeared, a Cadillac and a Ford, each containing three men. The Cadillac backed up to the safe with the trunk open, whereupon the police called to the men. The men fled and the police fired shots, killing one and wounding the defendant. There was no evidence that the defendant participated in the affair prior to being called upon to aid in moving the safe.
The defendant was convicted of burglary. He appealed, arguing that the evidence failed to show that he entered a building with the intent to commit a crime.
- 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.