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Criminal Law Keyed to Osler
United States v. Peterson
Citation:
483 F. 2d 1222 (DC Cir. 1973)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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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:
Charles Keitt and two friends drove his car to the alley behind the defendant’s home to remove the windshield wipers. While Keitt was doing so, the defendant came out and asked him to leave. Defendant went into his home, obtained a gun, and went back outside while Keitt retreated back to his car. Defendant told Keitt that if he moved, defendant would shoot him. Keitt then got out of his car and walked towards the defendant, asking him what he was going to do with the gun. Keitt then turned around, got a lug wrench, and walked towards the defendant. Defendant then warned Keitt if he took another step he would shoot, Keitt did continue to approach and the defendant shot him.
After his arrest, the defendant did tell a different story about what happened, namely that he meant to scare him and shot over Keitt’s should but Keitt started to run and then ran into the bullet he had shot. Defendant was found guilty of manslaughter.
- 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.
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