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Criminal Law Keyed to Osler
United States v. Johns
Citation:15 F. 3d 740 (8th Cir. 1993)
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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 is a member of the Red Lake Band of Objibwa Indians where he met S.D., a Objibwa women through his work as a chemical dependency counselor and she was seeking help with her drinking problems. S.D. and her daughter C.D. moved in with the defendant as he started dating S.D. Defendant was a traditional spiritual leader and conducted ceremonies with C.D. as his personal assistant.
C.D. testified that the defendant sexually abused her for the 7 years she lived with him, from when she was 14 to 21 year-old. She recounted numerous occasions of oral, anal, and vaginal intercourse. She testified that the defendant controlled her movements both inside and outside of the home. Sometimes he would pull her out of school in order to have sex with her. As the spiritual leader, the defendant had alone time with C.D. before and after religious ceremonies.
C.D. moved off the reservation in 1991, when she finally reported the abuse to her mother, reports were filed and eight counts of sexual misconduct were filed against the defendant.
- 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.