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Criminal Law keyed to Dripps
United States v. Faulkner
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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:
Faulkner (Defendant) was a truck driver for North American Van Lines. After Defendant picked up 105 refrigerators in San Diego, California, for delivery to Hartford, Connecticut, he stopped in Las Vegas, Nevada, and called Richard Urbauer, the owner of an appliance store to see if he wanted to purchase the refrigerators. After the two got off the telephone, Urbauer informed the police of Defendant’s offer. Thereafter, Defendant went to Urbauer’s store where they discussed the possible sale of the refrigerators. Urbauer went out to Defendant’s truck where Defendant had broken the truck’s seals, entered the rear, and opened two cartons to show Urbauer the contents. After Defendant and Urbauer were unable to consummate a deal, Defendant left the store and was arrested by police. Defendant was charged with, and convicted of, embezzlement or theft from an interstate shipment in violation of 18 U.S.C. § 659. 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.