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Criminal Law Keyed to Gershowitz
State v. Loge
Citation:608 N.W.2d 152
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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:
Loge used a vehicle owned by his father to drive to work on September 2, 1997. Police pulled Loge over for speeding when he was returning home. An officer saw a bottle sticking out from under the passenger seat. The bottle was still open and had some foam in it. An empty can and one full can of beer were also found in the truck. Loge was given a field sobriety test and passed. He received a citation for not have proof of insurance and the open containers but did not receive a speeding ticket. Loge claimed the containers did not belong to him and he did not know they were in the 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.