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Criminal Procedure Keyed to Dressler
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Mistretta v. United States
Citation:488 U.S. 361, 109 S.Ct. 647, 102 L.Ed.2d 714.
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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:
The defendant was indicted in federal court on drug charges. The trial court rejected the defendant’s argument that the binding sentencing guidelines promulgated by the United States Sentencing Commission, which was created under the Sentencing Reform Act of 1984, were unconstitutional. He pled guilty and was sentenced to prison according to the sentencing guidelines.
He appealed, and both the defendant and the government requested Supreme Court review before rendering a decision to determine whether the mandatory sentencing guidelines were unconstitutional.
- 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.
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- 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.
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