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Criminal Law Keyed to Osler
United States v. Mi Sun Cho
Citation:713 F. 3d 716 (2d Cir. 2013)
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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:
After losing money at a gambling casino, Mei Hua Jin called the defendant from Atlantic City to see if the defendant could find her work as a prostitute. Defendant knew the victim was calling her from Atlantic City and had expensive contacts to the New York City prostitute industry. The victim and defendant had previously worked together in a Connecticut brothel, and the defendant arranged the victim a position at a Manhattan brothel.
The victim bought a bus ticket herself from Atlantic City to Manhattan. She then took the subway where the defendant and a confidential informant working for the government picked her up and drove her to the brothel. The defendant got out of the car before they got to the brothel and the brothel ultimately rejected her for her age. Defendant was charged with conspiracy and act transportation of the victim from New Jersey to New York for sex work. She was convicted and appealed arguing that there was not enough evidence for her conviction.
- 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.