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Criminal Law Keyed to Ohlin
State v. Small
Citation:100 So. 3d 797 (2012)
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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:
The defendant has two children: S.S., age six, and J.D., age seven. On January 20, 2008, the defendant left both children asleep unsupervised in their second-story apartment to go drink at the home of her friend at around 10pm.
At midnight, a neighbor had called the defendant to alert her of a fire in he apartment. Upon returning home, she learned that J.D. had escaped by jumping out of a window. However, S.S. was found unconscious due to smoke and soot inhalation. Firefighters were unable to revive her and she later died at the hospital.
The defendant was convicted of second degree murder, based on the underlying felony of cruelty to juveniles. She appealed, arguing that she is not guilty because the evidence was insufficient to prove that her absence from the home caused her daughter’s death.
- 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.