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Criminal Law keyed to Dripps
United States v. Duty
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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:
Richmond, Virginia police officer Winston was patrolling a portion of the city managed by the Richmond Redevelopment and Housing Authority and restricted only to residents and guests. Winston noticed a vehicle parked in a cul-de-sac with its engine running. The occupants of the vehicle, Jeremiah Duty (Defendant) and Jonathan Bish, looked at Winston as she passed by. Winston circled around, activated her emergency lights and pulled behind the car to “see if they were ok, what their business was, and if they had a legitimate or social reason for being in the area.” Winston asked Defendant for his identification. After running a check on the identification, Winston learned that Defendant had an outstanding warrant. After confirming the warrant, Winston placed Defendant under arrest and conducted a search of his person. Winston found several rounds of .22 ammunition, a syringe, and some pills. Winston also searched the trunk of the vehicle and seized a .22 caliber rifle. Defendant was charged with being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Defendant filed a motion to suppress the evidence seized, arguing that the search was unlawful. The district court denied Defendant’s motion and he was convicted. Defendant appealed.
- 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.