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Criminal Law Keyed to Osler
United States v. Tran Trong Cuong M.D.
Citation:18 F. 3d 1132 (4th 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 was a physician licensed to practice medicine in the Commonwealth of Virginia. He was registered with the Drug Enforcement Administration and authorized to prescribed controlled substances. He had prescribed controlled substances to a total of 30 patients between April 1989 and January 1992. 1,711 prescriptions were written to those 30 individuals during the time. A pharmacist testified that he called the defendant to warn him that his patient was getting controlled substances from another doctor and an inspector from the Virginia Department of Health professions warned the defendant that he was being conned into prescribing narcotics to known drug users.
Seven of the defendant’s former patients testified that the defendant’s examinations were perfunctory and they faked vague illness to get prescriptions for their addiction. Defendant charged $35 for issuing the prescription and his files show that his patients were on controlled substances for years for things like headaches, backaches, and other subjective ailments. Two undercover officers went into his office and both got narcotics prescriptions. One went over 8 times in two months- each time the defendant spend no more than five minutes with him and prescribed the controlled substance each time. An expert witness testified that after a few days, the use of those narcotics for most of the complaints shown in the files would do no medical good and possibly be harmful and lead to addiction.
- 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.