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Criminal Law Keyed to Osler
United States v. Ivy
Citation:929 F. 2d 147 (5th Cir. 1991)
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- 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 showed up to the home of his estranged wife Patricia Ivy and their ten year old daughter Deanie. Nobody was home when they arrived, and Patricia was on a date with Alvin King. When Patricia and King returned to her home, defendant shot King in that head as he sat in the driver’s seat. He then ordered Patricia out of the car and into the trailer at gun point, once inside he pistol whipped her rendering her unconscious. When she came to, defendant ordered Patricia to drive him to a relative’s home. When they arrived at the family member’s home, unknown to Patricia, defendant hid his gun. They drove back to Patricia’s to get cash and cocaine, and then drove from Oxford Mississippi to Memphis, Tennessee spending one night at a hotel on their way there.
The next day they got to the defendant’s sister, Ruthie Johnson’s, home. They stayed for several day and the Johnsons testified that Patricia had multiple opportunities to leave or get help but did not. Patricia testified that the defendant ordered her not to tell his family what happened and he monitored her closely during their stay. The two went shopping, to a concert, and to a movie during this time. They then left the Johnsons to return to Mississippi and spent the night at the same hotel. When the defendant was distracted Patricia ran into the lobby, escaped in her car, and called her mother who told her to call the police, which she did. Defendant was charged with kidnapping Patricia.
When asked at trial why she did not try to leave earlier, Patricia explained how abusive the defendant was to her during their marriage, his family’s dislike of her, she was afraid he would kill their daughter, and that he knew how to construct and detonate a pipe bomb. A pipe bomb was found in his car with a diagram on how to use it. She also admitted to consenting to sex, because she was afraid of what he would if she said no.
- 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.
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- 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.
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