SmartBrief
Confirm favorite deletion?
Constitutional Law Keyed to Choper
Winston v. Lee
Citation:
470 U.S. 753 (1985)Facts
On July 18, 1982, at approximately 1 a.m., Ralph Watkinson was closing his shop when he observed an armed individual approaching him. Both Watkinson and the assailant were armed and exchanged gunfire. Watkinson was wounded in the legs, while the assailant appeared to be wounded in the left side and fled. About 20 minutes later, police found Rudolph Lee eight blocks away with a gunshot wound to his left chest. Lee claimed he had been shot during a robbery attempt against him. When Lee was brought to the same hospital emergency room as Watkinson, Watkinson immediately identified Lee as his assailant. The Commonwealth of Virginia moved for an order compelling Lee to undergo surgery to remove what was believed to be a bullet lodged under his collarbone. Initial medical testimony suggested the procedure would be minor with minimal risks, but subsequent X-rays revealed the bullet was deeper than initially thought, requiring general anesthesia and posing greater medical risks.
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.