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Criminal Law keyed to Dripps
United States v. Oviedo
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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:
An undercover narcotics agent contacted Oviedo (Defendant) to purchase heroin at a predetermined place and time. After Defendant handed over the substance to the agent, a field test was performed on it with a positive result. Defendant was then arrested. After his arrest, a search warrant was issued for Defendant’s house where agents found two additional pounds of the substance hidden in a television set. Thereafter, chemical analysis performed on the substance revealed that it was not heroin, but in fact procaine hydrochloride, an uncontrolled substance. Defendant was charged with attempted distribution of heroin in violation of 21 U.S.C.A. § 846. At trial, Defendant testified that he was aware that the substance was not heroin and was simply trying to “rip off” the agent in an effort to make a few thousand dollars. The jury, however, did not believe Defendant and convicted him. 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.