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Criminal Law Keyed to Osler
United States v. Divaroli
Citation:803 F.3d 1258 (11th Cir. 2015)
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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 started his own company in the arms distribution field and won a $298 million contract with the United States Army to provide ammunition to Afghanistan. Part of the contract was that they could not supply ammunition that had been made in China. Their supplier in Albania got their ammunition from China. Defendant contacted the Department of State who confirmed that they could not use that ammunition to fulfill their contract. Defendant and other decided to do so anyways, and cover up the Chinese origins of the ammunition by doing things such as painting over metal casings that had Chinese on them, repackaging the ammunition, and scrapping the Chinese writing off of wood crates. They also falsified attestations that their shipments conformed to the contract arrangements.
Once the Army found out, they canceled the rest of the contract and paid $40,000 to reissue the contract to another supplier.
- 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.