Confirm favorite deletion?
Criminal Law Keyed to Osler
United States v. Doe
Citation:842 F. 3d 1117 (9Th Cir. 2016)
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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:
Victim was born in San Jose, California in 1963. No later than 1987, Victim’s uncle sold his birth certificate and provided his social security number to a man, not identified at trial. In 1987, somebody, likely defendant, used the victim’s birth certificate, name, and social security number to obtain a “replacement” social security card. He used this social security car without authorization until 2014.
Verified use of the defendant’s social security card started in 2002 when Doe obtained a driver’s license with the victim’s social security number and birth certificate. In 2013 Doe also used his social security card and driver’s license to fill out a I-9 form of Employment Eligibility Verification. Victim was impacted by having his licenses suspended twice for DUIs he did not commit, his tax returns sent to the wrong address, and his paychecks garnished for child support he did not owe. In 2014 Doe was arrested and was found in possession of the fraudulent driver’s license. Defendant was charged and convicted on two counts of aggravated identity theft.
- 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.