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Criminal Procedure Keyed to Lee
United States v. Lovasco
Citation:431 U.S. 783 (1977)
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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.
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- 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:
Lovasco (Respondent) was charged with illegally possessing and selling stolen firearms. However, the offense was alleged to have occurred more than 18 months before the indictment was filed. Lovasco moved to dismiss the indictment based on undue delay. To establish prejudice, he testified that he had lost the testimony of two material witnesses due to the delay. The first witness died more than a year after the alleged crimes occurred, and the second witness died eight months after the crimes were completed. The district court granted his motion and dismissed the indictment based on undue delay between the commission of the offense and the initiation of the prosecution.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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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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