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Criminal Law Keyed to Osler
United States v. Clark
Citation:740 F. 3d 808 (2d Cir. 2014)
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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:
Officers got a 911 call about a group of men, possibly armed, trying to jump somebody outside of a bar. When police arrived they saw the defendant and three others sitting outside of the car described in the 911 call. The police found a firearm in the vehicle and arrested the defendant.
Defendant was then placed in the back of the officer’s cruiser. He was handcuffed with his hands behind his back. The link between the handcuffs was not more than 1 to 1 1/2 inches long. Before he was placed in the cruiser, the defendant was patted down and nothing was found. The ride to the police station was about one minute. Upon arrival, the officer saw that the back cushion was out and up, and in the space between the cushion and the seat there was a powdery substance later confirmed to be crack cocaine. The officer testified that he checked the space before his shift and it was clean, and the defendant was the first person in the back seat during his shift. Defendant was charged and convicted of possessing a controlled substance.
- 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.