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Criminal Procedure Keyed to Chemerinsky
United States v. Bajakajian
Citation:
524 U.S. 321 (1998)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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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:
Bajakajian (Respondent) was charged with illegally transporting more than $10,000 in cash outside of the United States. Customs inspectors found the cash in his bag while he was waiting to board a flight to Italy. After a bench trial, the district court found that the entire monetary amount at issue ($357,144) was subject to forfeiture, but it ordered Bajakajian to forfeit only a fraction of it ($15,000). The court concluded that forfeiture of the full amount would be extraordinarily harsh and grossly disproportionate to the offense in question, and thus would be prohibited by the Eighth Amendment.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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