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Criminal Law Keyed to Osler
United States v. James
Citation:810 F. 3d 674 (9th Cir. 2016)
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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:
Victim T.C. is disabled by cerebral palsy. She cannot take care of herself, needs help eating grooming, and using the bathroom, and cannot walk without assistance. She cannot get in and out of her wheelchair and needs to be strapped in to avoid falling out. She also has no mobility in her hands and is largely nonverbal. She can nod yes or no, but even her caregiver of over 8 years does not know what she is saying most of the time. She ca cry and express anger and grunt when she is done going to the bathroom and needs assistance getting back in her chair.
One day a family member caught the defendant having sex with T.C. with a blanket over her. Defendant was adopted and raised by T.C.’s grandparents who also raised T.C. after the death of her mother during childbirth. T.C. was rushed to the hospital where examiners found torn tissue and bleeding. The nurse said T.C. was unresponsive and unable to answer her yes or no questions. James admitted to the sexual contact stating he was ashamed and that she just laid there the whole time. Because the incident happened on a reservation, defendant was charged with two counts of sexual abuse of an individual with the physical incapacity to deny consent.
- 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.