Confirm favorite deletion?
Evidence Keyed to Sklansky
State v. Larson
Citation:843 P.2d 777 (Mont. 1992)
The defendant and a five-year old child were riding a horse when the horse reared backward and fell over, killing the five-year-old. The owner of the horse had warned the defendant that the horse was hot-blooded. The defendant’s blood alcohol content was later measured at .24-.27. At trail, the court permitted the prosecution to present the testimony of a forensic scientist. The scientist compared the defendant’s blood alcohol level with the level that the scientific community had determined would impair a person’s ability to drive a motor vehicle. The prosecution would later emphasize this point during trial. The defendant argued that this evidence was not relevant to his conduct regarding a horse.
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.
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.