Confirm favorite deletion?
Criminal Law keyed to Dripps
United States v. Alvarez
Citation:809 Fed. Appx. 562.
Defendant was the captain of Miami Vice, a 91-foot performance yacht. The yacht offered commercial charters for hire. The United States Coast Guard (USCG) is charged with regulating the charter-boat industry, and requires a USCG-approved captain’s license course and active USCG captain’s license for all captains of such charter boats. The defendant never took the course and was never licensed. Prior to the tragic accident at issue, the defendant falsely represented to law enforcement officials that he had such a license and on another occasion was cited for not having a license. On April 1, 2018, the victim and another arranged to charter the Miami Vice to celebrate a birthday. During the charter, the defendant beached the yacht on Monument Island and the victim and his friend went swimming. The defendant spoke with the pair, and then returned to the helm without warning them he was preparing to leave the island. The two jumped back into the water and the defendant started the engines putting the yacht in reverse. The victim was pulled underneath the yacht and died after being caught by the yacht’s propellers.
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.