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Criminal Law Keyed to Osler
United States v. Alvarez
Citation:727 F. 3d 378 (5th Cir. 2013)
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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:
Two undercover officers went undercover an Jaguars Gold Club. They went to a male patron and said that he wanted to purchase cocaine. The patron sold the officer two bags of cocaine for $40.00. The undercover officer reported that the patron was wearing a white hooded sweatshirt, had a thing goatee, and a small teardrop tattoo on his face. He saw the patron enter a white Chevy Blazer. Another officer initiated a traffic stop after the vehicle left and did a consensual search the patron who is the defendant in this case, and found six more bags of cocaine. He was indicted with one count of distribution of a controlled substance. He appealed arguing that the jury should have been instructed on the lesser offense of simple drug possession.
- 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.