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Criminal Law Keyed to Weaver
State v. Ramirez
Citation:190 Ariz. 65, 945 P.2d 376 (Ct.App. 1997)
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*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:
David knocked on Ramirez’s girlfriend’s door, Ramirez opened the door and gave David an aggressive handshake, they struggled for a bit and then stopped. While they walked in Ramirez pressed a gun to the ribs of David and said “I could have took you out already.” Nothing else happened. A month later Ramirez saw who he thought to beDavid, but it was David’s brother who looks like David. Ramirez approached who he thought was David and shot him three times, killing him. Ramirez paused between the second and thirds shots. Ramirez said that the victim started it, but he did nothing. Ramirez also claims that the victim showed him a gun, but the victim did not have a gun.
At trial the only issue was premeditation. The instruction to the jury was that premeditation consists of the knowledge that they will kill and this knowledge existed long enough before the killing to permit reflection. The time must be longer than the mere time to form the knowledge. Finally, the instruction states that the time may be as instantaneous as successive thoughts in the mind.
- 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.