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Criminal Law Keyed to Osler
United States v. Dupre
Citation:339 F. Supp. 2d 534 (S.D.N.Y. 2004)
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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 operated a scheme to defraud potential investors. She induced them into paying an advance fee to secure the release and distribution of $9 million that was frozen and belonged to the former Filipino president. She promised investors a return of $1 million for every $1,000 that was invested.
Defendant submitted an evaluation stating that she suffers from Bipolar Disorder with Psychotic Features and a personality disorder. An element of wire fraud is intent to defraud, which requires here intent to be involved in a scheme that harms others. However, intent to defraud can be negated by good faith, and the defense is arguing that the defendant’s faith led her to be involved in the scheme meeting the good faith exception to intent.
- 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.