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Criminal Law Keyed to Osler
United States v. Shaw
Citation:701 F. 2d 367 (5th Cir. 1983)
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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:
Kenneth Brinkley was driving his car down a secluded highway with his fiancé, his son, and her two children. They saw a parked pickup truck with its lights off near a rest stop, that was a red and white Ford with chrome trim. Immediately after they passed the truck, bullets struck the car. One went through of the children’s leg and another into a different child’s hip. Mr. Brinkley raced into town to get help and help police find the shooter. Defendant was apprehended in the same truck Mr. Brinkley described not far from the rest stop, after a chase that got to speeds of over 110 miles per hour. Defendant was initially arrested for speeding and driving while intoxicated. After a search was done of the truck, officers found four bullets on the floor of the driver’s seat and a fully cocked rifle hidden under the driver’s seat. Defendant claims he was deer hunting that day in his vehicle.
One of the children died in the hospital the next day of his gunshot wounds, and the defendant was charged with first degree murder.
- 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.