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Criminal Law Keyed to Kadish
United States v. McDermott
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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:
James J. McDermott (D) who was the president of a New York investment bank had an affair with an adult film star named Kathryn Gannon. During the time McDermott (D) was seeing Gannon, he used to recommend stocks to her. Unknown to McDermott (D), Gannon was also having an affair with another man named Anthony Pomponio. Anthony and Gannon made $170,000 during the period relevant to this case. Anthony, Gannon and McDermott (D) were charged by the Government with conspiracy to commit insider trading. However, evidence to prove that McDermott (D) had collaborated with Gannon to pass stock recommendation to anyone failed, but he was convicted on the conspiracy count. McDermott (D) appealed this ruling on the ground that the evidence on the conspiracy count was not sufficient.
- 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.