SmartBrief
0
Confirm favorite deletion?
Criminal Law Keyed to Osler
Begay v. United States
Citation:
553 U.S. 137 (2008)Facts
Defendant threatened his aunt and sister with a rifle. When the police arrested him, he conceded that he was a felony and pleaded guilty of a unlawful possession of a firearm. The statute defines a violent felony as any crime punishable by at least one year in prison and either 1) has an element the use or threat of physical force against another or, b) is burglary, arson, or extortion, involves the use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.
Defendant had previously been convicted for a dozen times for driving under the influence (DUI). The sentencing judge found that the defendant had at least three prior convictions of a crime that was punishable by more than a year in prison and that DUI presents a serious potential risk of physical injury to another, and therefore convicted the defendant. Defendant appealed arguing that a DUI is not violent felony.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.