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Criminal Procedure keyed to Weinreb
Kastigar v. United States
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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.
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- 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.
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- 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:
Subpoenaed to appear before a federal grand jury, the petitioners refused to answer questions in asserting the Fifth Amendment, despite the government having granted them immunity. The immunity was based on a part of the Organized Crime Control Act of 1970 stating that neither the testimony nor any other information from the testimony could be used against the witnesses. Petitioners argued that the scope of the immunity they were given was not as broad as the scope of the privilege against self-incrimination, and were unsuccessful in the District Court. The Ninth Circuit Court of Appeals affirmed the order, and the petitioners were granted certiorari.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Policy: Identifies the Policy if any that has been established by the case.
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