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Criminal Law Keyed to Osler
United States v. Daley
Citation:378 F.Supp. 3d 539 (W.D. Va. 2019)
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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:
Defendants are residents of California associated with white-supremacist groups. Defendants and other traveled multiple political rallies, allegedly with the intent to incite a riot, organize promote, and encourage a riot, commit an act of violence in furtherance of a riot, and aid or abet others in doing so. Additionally, for count 2 the government alleges that the defendant traveled from California to Charlottesville Virginia with intent to incite, organize, promote, encourage, etc. a riot. Defendants argue that they did not commit an over act as required for the first conspiracy count and that the second count is invalid. They also argue that under Wharton’s Rule they cannot be convicted of both counts.
- 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.