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Criminal Law Keyed to Osler
United States v. Eric B.
Citation:86 F. 3d 869 (9th Cir. 1996)
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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 received a gun from a friend in school and was aware that the gun had two bullets in it when he took possession of it. He showed the gun to several of his friends, and held he gun to several of their head’s but did not shoot it. After school, he went into a field and shot one of the bullets at some rockets, removed the remaining bullet, and put it in his pocket.
Defendant went to show more of his friends and peers the guns, pointing the gun at people and pulling the trigger. He later took the bullet out of his pocket and put it back in the gun. He pointed the gun at another student and pulled the trigger, but it did not fire. He did the same thing to Nathan Crank, a seven-year-old, where he pointed the gun and pulled the trigger. This time the gun fired and he shot Nathan Crank in the forehead killing him. Defendant then instructed a friend to hid the gun. Defendant was placed into custody, then later charged with second degree murder but was only convicted of involuntary manslaughter.
- 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.