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Criminal Law Keyed to Osler
Maslenjak v. United States
Citation:137 S.Ct. 1918 (2017)
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- 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:
In 1998 the defendant and her family met with an American immigration official to seek refugee status in America. Under an asylum interview that was conduct under oath, the defendant explained that in the civil war in Bosnia, their home country, they were in the middle of both sides of the rift. First, because they were Muslim and for being Serb because her husband evaded service in the Bosnia-Serb Army. The family was granted refugee status in the United States.
Later in 2006, the defendant applied for naturalization. In her application she affirmed that she never lied or mislead an immigration officer. She swore that all her answers were true, and was naturalized in 2007.
However, in 2006 immigration officers got records showing that he did not avoid service in the Bosnian Serb Army, but rather served as an officer and participated in the Srebrenica massacre. As a result, the government charged the defendant with knowingly procuring her naturalization illegally. Because she violated 18 USC 1425(a), her naturalization is revoked under 8 USC 1451(e).
- 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.