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Criminal Law keyed to Dripps
United States v. Bygrave
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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:
In 1986, Bygrave (Defendant) tested positive for the Human Immunodeficiency Virus (HIV) and was subsequently treated at a naval hospital in San Diego, California. Despite being warned by physicians about the spread of the virus through sexual contact, Defendant maintained a sexually-active lifestyle with at least two partners. The first, Petty Officer “J” was not told by Defendant of his HIV status. Defendant and “J” engaged in regular, and often unprotected, sexual intercourse over the course of a year. Two years later, “J” tested HIV-positive. Defendant also had a sexual relationship with Boatswain’s Mate Third Class “C”. Defendant informed “C” of his HIV-positive status prior to the two engaging in any sexual acts. Despite the warning, “C” and Defendant engaged in consensual protected sexual intercourse on a regular basis, but not all occasions. Thereafter “C” also tested HIV-positive. Six months later, Defendant and “C” were married. Defendant was charged with two specifications (counts) of aggravated assault in violation of Article 128(b)(1) of the Uniform Code of Military Justice (UCMJ) and was tried by a general court-martial, military judge alone. Defendant was convicted on both counts. The Court of Criminal Appeals affirmed the judgment of conviction and the U.S. Court of Appeals for the Armed Forces granted review.
- 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.