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Criminal Law Keyed to Osler
United States v. Pendleton
Citation:20 F. 3d 593 (5th Cir. 1994)
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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 and his co-driver were new truckers and just delivered a load from Miami, Florida to Laredo, Texas. They worked with their broker to get a new load in Rio Grande City of unglazed Mexican tile that needed to be shipped to Miami. The waited thirty minutes for the truck to be loaded. The trailer was empty and the defendants did not observe the entire loading process but never saw anyone load anything but Mexican tiles. The defendant and his co-driver then left for Florida. At a primary inspection area, they were stopped for being overweight, the first officer only saw tiles and did not smell anything. At the secondary inspection area a drug sniffing dog found marijuana in the truck, hidden behind the Mexican tiles. The defendant claimed they took no part in loading the truck and left it unlocked. Though the officers thought the defendants seemed nervous, they did not flee or have a lot of cash on them, but could not answer some of the inspectors questions.
- 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.