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Criminal Law Keyed to Osler
United States v. Sayer
Citation:
748 F.3d 425 425 (1st Cir. 2014)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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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:
Jane Doe broke off her almost 2-year relationship with the defendant in January of 2006. After, defendant stalked and harassed her for four years. It started with him going to stores and other places Jane Doe would frequent, so she changed her routine and got a protective order against the defendant. In the fall of 2008, defendant started using the internet to induce third parties to harass Jane Doe. He posted ads on Craigslist with her address, pictures of her in lingerie, offers for sexual entertainment, and included a list of activities she would be willing to do. Jane Doe did not post this nor did she give her consent for this post.
The unwanted visits persisted for eight months until Jane Doe moved to her aunt’s house in Louisiana from Maine where she was living. After living there for two months, men started showing up to her aunts house. There was a similar post online along with videos and photos of her producing sexual acts, and included her new Louisiana address. In September fake Facebook accounts and in December fake Myspace accounts with her scandalous photos and sexually explicit activity were created for Jane Doe, again without her knowledge or consent. In November, the police searched the defendant’s home and found that his hard drivers and laptops were destroyed, but a camera they seized did have sexually explicit photos of Jane Doe on them. They were also able to trace the Myspace profile to the defendant has his car was outside the IP address the account was made from.
Jane Doe returned to Maine to ensure her aunt and cousin’s safety. Two years later, forensics were able to find the laptop with the fake profiles the defendant created after searching his house. Jane Doe said that the defendant did not stop sending men to her home until he was arrested for violating her protection order. She expressed the lack of safety and how her life would never be the same due to the amount of threatening men that came to wherever she was because of the defendant. He was convicted for cyberstalking Jane Doe.
- 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.
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