Is the Bears mixed-use property a dwelling house for purposes of Penal Code section 459 (the burglary statute)?
Due by the end of 01/16/2023. (NOT 17th)
Attachments:
Handout: The case needs to be discussed
IRAC: Writing format
(a sample)
Fix content has been provided:
Issue: Is the Bear’s mixed-use property a dwelling house for purposes of Penal Code section 459 (the burglary statute)?
CASE BRIEF SAMPLE: Eric J. Smith, a minor, and Helen Smith v. Betty M. Figueroa (Cal. Appellate Case 1999)
FACTS
The plaintiffs are Eric J. Smith, a minor, and Helen Smith. The defendant is Betty M. Figueroa, the mother of Robert Figueroa. Robert brought home his new girlfriend, plaintiff Helen Smith, and her eight-year-old son, plaintiff Eric J. Smith, a minor, to meet Robert’s mother, defendant Betty M. Figueroa. The relationship between Robert and Helen continued and Helen and Eric were guests several times in Betty’s home. No family member told Helen about Robert’s criminal history of felony child molestation. It was later discovered that Robert sexually molested Eric during some of these visits at his mother’s home, all the while Robert was on parole for child molestation. Robert was convicted of molesting Eric and sent back to prison. Helen filed a civil suit against Betty, claiming Betty had a duty to warn her about Robert’s criminal past and the potential danger to her child, and failing that duty that she were liable for money damages for the harm suffered by Eric. The trial court dismissed the case on a nonsuit motion.
ISSUE
Whether the trial court properly dismissed the negligence claim based on the premise that family members of a convicted child molester have no affirmative duty to disclose that information to the molester’s girlfriend who has an eight-year-old boy.
RULE
In the absence of a special relationship, family members of a convicted child molester, who have not created the danger or risk, have no affirmative duty to disclose information to another regarding the family member’s criminal past and potential danger.
aNALYSIS/aPPLICATION
conclusion
The appellate court found that the trial court was correct to dismiss the case on a nonsuit motion, and affirmed the lower case decision.
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I-R-A-C Format
Understanding case law is essential to success in any law related class. Consequently, students will provide analyses of assigned cases to help their development and understanding of the legal issues presented. These case analyses, better known as “case briefs,” will help students develop legal issues spotting techniques and provide an overview of how law applies to specific fact patterns. The case briefs should be written in the following I-R-A-C format:
1. Facts: The facts section should briefly indicate:
a. the reasons for the lawsuit; b. the identity of the parties and their respective arguments; c. the lower court’s decision, if applicable; and d. the procedural posture of the case, including what court procedure was used that
led to the appeal. (Examples of court procedures are a motion for summary judgment or a motion for judgment notwithstanding the verdict.)
2. Issue: The issue section should set forth the question(s) before the court. The issue must
be phrased as a question. Cases often have more than one issue, meaning that the court will often answer more than one question. For purposes of this class; however, cases will generally have only one key issue that you will need to address.
3. Rule: The rule section should set forth the law the court uses to answer the question
presented in the issue section.
4. Application/Analysis: This application/analysis section should briefly discuss how the court applies the rule to the facts to answer the question presented in the issue section. The application/analysis section provides the reason(s) for the court’s decision, usually in the form of a syllogism (e.g., all dogs are animals. All animals have 4 legs; therefore, all dogs have 4 legs).
5. Conclusion: The conclusion section should state the court’s decision, including how the
case is resolved and in whose favor the case is decided. Case briefs must be original. Any identical or duplicate briefs will not receive credit.
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