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Criminal Law Keyed to Ohlin
Scott v. Harris
Citation:550 U.S. 372 (2007)
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- 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:
Scott, a Georgia county deputy, clocked Harris’ vehicle traveling 73 miles per hour on a road with a 55-mile-per-hour speed limit. He attempted to pull Harris over, but Harris sped away, initiating a chase down a two-lane road, with speeds exceeding 85 miles per hour. The camera in Scott’s vehicle captured the chase on video.
After six minutes of the chase, Scott radioed his supervisor and asked if he could attempt a “Precision Intervention Technique” maneuver, which causes the fleeing vehicle to spin to a stop. Scott was told to “go ahead and take him out.” However, instead of doing the technique, Scott hit the rear of Harris’ vehicle and the Harris lost control. He crashed and was rendered a quadriplegic.
Harris filed suit a § 1983 suit against Scott and others, arguing that his constitutional rights were violated due to the use of excessive force. Scott filed a motion for summary judgment in his favor but the district court denied it. The United States Court of Appeals affirmed, holding that there was little, if any, actual threat to pedestrians or other motorists as the roads were mainly empty and Harris remained in control of his vehicle.
- 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.