Confirm favorite deletion?
Criminal Law Keyed to Gershowitz
State of New Jersey In the Interest of M.T.S.
Citation:129 N.J. 422, 609 A.2d 1266.
CaseCast™ – "What you need to know"
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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:
M.T.S., a seventeen-year-old boy, was temporary residing in a home where C.G., a fifteen-year-old girl, also lived. M.T.S. testified that on May 22, 1990, at 1:15am, the two engaged in consensual kissing and heavy petting. M.T.S. said that once they were in bed, they undressed each other and continued to kiss and touch for about five minutes. According to M.T.S., he penetrated her and on the fourth time he stuck his penis in, she pushed him off and said “stop, get off.” He said that he “hopped off right away.” He said that he asked C.G. what was wrong and she slapped him.
According to C.G., she woke up with M.T.S. on top of her, her underwear removed, and his penis inside of her vagina. As soon as C.G. realized what was happening, she slapped the defendant and told him to get off. She did not scream or cry out. She testified that M.T.S. complied in less than one minute after being slapped. C.G. cried herself back to sleep.
At trial, the court determined that M.T.S. was delinquent for committing a sexual assault. The Appellate Division reversed, holding that non-consensual penetration does not constitute sexual assault because there is an absence of force. The State 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.