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Evidence Keyed to Best
State v. Winebarger
Citation:617 S.E.2d 467 (W. Va. 2005).
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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:
Winebarger owned several rental properties and businesses, occasionally carrying a handgun for personal protection. One night while driving with his wife, he noticed vehicles he had loaned to Kenny Price & his daughter parked at a local bar. He had instructed Price & his daughter to not use the vehicles for transportation to this particular location, so he & his wife transported the vehicles back to their home.
Later that evening, Price went to Winebarger’s home to confront him. An argument between the two ensued, when Winebarger contends he attempted to fire a shot into the air as a warning to Price. Winebarger maintained Price was aggressive and becoming violent during the exchange. When firing the warning shot, Winebarger fatally shot Price in the neck.
- 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.