SmartBrief
0
Confirm favorite deletion?
Criminal Law Keyed to Ohlin
State v. Olsen
Citation:
462 N.W.2d 474 (1990)Facts
Olsen was driving a tractor on the highway, traveling between five and fifteen miles per hour. As he was crossing the lane of the highway, the front of the tractor was struck by a car travelling east in that lane. The collision resulted in the immediate death of the driver of the vehicle. Olsen ran from the tractor stating “I didn’t see it.” He was taken to the clinic and treated for shock.
The State charged Olsen with second degree manslaughter, which is defined as a reckless killing. SDCL 22-1-2(1)(d) defined reckless as a “conscious and unjustifiable disregard of a substantial risk that the offender’s conduct may cause a certain result or may be of a certain nature.” The magistrate court dismissed the charge, stating that the factual situation failed to meet the burden to sustain a charge. The State appealed.
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.
- 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.
15m 13s
