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Evidence keyed to Waltz
United States v. Owens
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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:
After Mr. Foster was beaten and hospitalized, his memory was impaired. The first interview that law enforcement attempted was unsuccessful. During the second, Mr. Foster was able to describe the attack and pick the respondent out of a photo array. When Mr. Foster testified at trial, Mr. Foster testified about his memory loss. Defense counsel pointed out that he had attributed the assault to someone else while in the hospital, but Mr. Foster’s memory could not be refreshed. The respondent was convicted, and appealed to the Ninth Circuit Court of Appeals (the “Ninth Circuit”) based on the Sixth Amendment of the Constitution and F.R.E. Rule 802. The Ninth Circuit reversed, holding that the F.R.E. Rule 802 error had been harmless, but reversing based on the confrontation clause argument. The State appealed to the Supreme Court of the United States (“Supreme Court”).
- 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.