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Criminal Law Keyed to Osler
United States v. Jameson
Citation:478 F. 3d 1204 (10th Cir. 2007)
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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:
Officer was on patrol and saw a vehicle without working taillights, and pulled over the vehicle for a routine traffic stop. The vehicle pulled into a well-lit gas station where the officer saw four individuals in the car. He pointed the flashlight into the car to look for weapons in plain view. He did not see anything, but he saw the defendant was in the back seat dropped his shoulder and lean forward to get or hide something. The officer then conducted a search of the car and found a World War II era bayonet in the backseat, along with an unloaded .22 caliber pistol, on the floor in front of where the defendant was sitting. Defendant was charged for being a felon in possession of a firearm.
- 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.