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Criminal Law Keyed to Gershowitz
Braverman v. United States
Citation:317 U.S. 49, 63 S.Ct. 99, 87 L.Ed. 23.
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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:
For a considerable period of time, the defendants, with others, collaborated in the illicit manufacture, transportation, and distribution of distilled spirits, involving the violations of revenue laws. They were charged with seven counts of conspiracy to violate different provisions of the revenue laws.
At the close of the trial, the defendants renewed a motion which they had made at its beginning to require the Government to elect one of the seven counts upon which to proceed, contending that the proof could not and did not establish more than one agreement. The Government refused to do so and the defendants were convicted of all counts. The Court of Appeals for the Sixth Circuit affirmed, stating that the fact that the conspiracy was “a general one to violate all laws repressive of its consummation does not gainsay the separate identity of each of the several conspiracies.” The defendants 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.