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Criminal Law Keyed to Gershowitz
Thomas v. State
Citation:584 So.2d 1022.
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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 shot and murdered the victim. About two weeks before the offense took place, the victim and a friend gave the defendant $10 to purchase some crack cocaine for them. The defendant did not find any in the area, so he sent the money back to the victim through another person. The defendant learned that the victim did not give the friend her $t0, so the defendant also reimbursed her.
On the night of the offense, the defendant, seeing the victim, walked up to him with a revolver in his right hand. The defendant demanded the victim give back the $10 that the defendant had paid to the friend, and the victim kept saying he did not know what the defendant was talking about. The defendant swung the gun to hit the victim in the chest, but the victim blocked it with his left arm and the gun went off. At that point, the victim handed the defendant the money and said, “You shot me.” The defendant disclaimed any intent to shoot the victim.
At trial, the defendant requested that the jury receive a “good faith” defense. The trial court denied this request, and the defendant was found guilty of murder and armed robbery.
- 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.