SmartBrief
Confirm favorite deletion?
Animal Law Keyed to Wagman
State v. Thompson
Citation:
139 N.C. App. 299, 533 S.E.2d 834 (2000)Facts
The State presented evidence that the defendant sexually abused the victim (N) beginning when she was five years old. The abuse included forcing her to perform fellatio up to three times a week. When N was ten years old, she moved back in with her mother, siblings, and the defendant, who resumed physical and sexual abuse. The evidence showed that the defendant beat N with boxing gloves, broke her arm, fractured her ribs, threatened her with weapons, and sexually assaulted her multiple times. In December 1993, when N was twelve, the defendant showed her pornographic videos, assaulted her with a dildo, and had intercourse with her. Similar incidents occurred in January 1994 and February 1996. Witnesses testified that the defendant also physically abused N’s siblings and the family cat in N’s presence, including beating the siblings with boxing gloves and a cane, burning one brother’s leg, and strangling and drowning the family cat. N testified that she never reported the sexual abuse because she feared physical retaliation based on the abuse she witnessed.
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.