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Criminal Law Keyed to Osler
United States v. Cardoza
Citation:129 F. 3d 6 (1st Cir. 1997)
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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:
Defendant helped a 16-year old friend purchase a handgun. After the purchase, his friend Ragsdale had the firearm and 8 rounds of ammunition and the defendant was holding one round of ammunition in his hand. It was about 2AM after the purchase and they were walking around when officers spotted them in an unmarked police car. One of the officers recognized the defendant and went to ask him questions about a shooting incident that had happened a few days earlier. While answering the officer’s questions, the defendant used his hands to talk and exposed the round of ammunition. The officers then arrested and frisked both, finding the firearm and ammunition of Ragsdale and the single round of ammunition on the defendant. Defendant was convicted for being a felon in possession of one round of ammunition under 992(g).
- 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.