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Criminal Law Keyed to Weaver
Flores-Figueroa v. United States
Citation:556 U.S. 646 (2009)
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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:
Petitioner gave his employer a false name, birth date, Social Security number, and a counterfeit alien registration card, which no number belonged to other people. 6 years later Petitioner gave his employer with new counterfeit Social Security and alien registration cards with his real name on it. These new cards contained the numbers assigned to other people.
The Government charged Petitioner with entering the United States without inspection and misusing immigration documents. The Government also charged Petitioner with aggravated identity theft due to the theft occurring during the commission of another crime which would carry a mandatory two year sentence.
The relevant federal statute regarding the identity theft requires that a person knowingly transfer, possess, or use, without lawful authority a means of identification of another relating to or during the commission of certain other crimes. And the identity theft carries a mandatory two year sentence.
- 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.