Confirm favorite deletion?
Criminal Law Keyed to Gershowitz
State v. Schwein
Citation:16 P.3d 373, 303 Mont. 450.
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:
Around 11 p.m. on March 13, 1999, Yellowstone County Deputy Sheriff Troy Kane was driving when he noticed a car in the parking lot between the Moose Breath Saloon and Magic City Welding. The defendant personally leased the shop building that the car was parked at. Kane noticed that, although the car appeared to be unoccupied, its headlights were on. Kane stopped to investigate and found the defendant asleep in the driver’s seat. The keys were in the ignition. However, the defendant had walked to his car from the bar he was drinking at.
Kane knocked on the car window and the defendant woke up, startled, grabbed for the ignition keys and attempted, but was unable, to start the car. Kane detected the odor of alcohol on the defendant’s breath. When asked by Kane, the defendant got out of the the car but refused to perform the field sobriety tests. Kane then arrested the defendant for driving under the influence of alcohol. When the defendant agreed to take the breath test at the Yellowstone County Detention Facility, his blood alcohol concentration was .229.
He was convicted of driving under the influence of alcohol. He appealed, arguing that his vehicle was not upon a way open to the public.
- 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.