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Criminal Law Keyed to Osler
United States v. Ferranti
Citation:928 F.Supp. 206 (E.D. N.Y. 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 owned a women’s clothing store on the ground floor of a building in Queens. The upper floors were four residential apartments. Defendant decided to plan to set fire to his store because the business was not profitable and they were falling behind on rent. He paid to ensure his fire policy was in force.
The night of the fire, most of the merchandise was taken from the store and an old electric heater was put in the rear to start what would look like an accidental fire after the store had closed. The store was closed at the time but the heater was placed there by somebody with a key. When the fire department arrived 8 people had already evacuated, but a firefighter died trying to put out the flames. Two dozen other firefighters have minor injuries and residents were treated for smoke inhalation.
As evidence was collected, defendant lied to investigators at the insurance company and from the fire department. He lied about where he was, his financial difficulties, and asserting that the store was full of merchandise.
- 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.