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Criminal Law Keyed to Osler
United States v. Vallery
Citation:437 F. 3d 262 (7th Cir. 2006)
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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 an inmate at a Federal Corrections Institute. Correctional Officer Ron Garver was asked to escort the defendant to the lieutenant’s office. The closer they got to the office, the more nervous and evasive the defendant got. Therefore, Garver directed the defendant into a bathroom and strip searched him for contraband. During the search, the defendant pushed Garver out of the way and ran into an empty toilet stall to flush something down. When Garver entered the stall he saw the defendant throw something in the toilet. Garver did get the defendant into a hold, but the defendant broke out and successfully flush what he later admitted was a shive down the toilet.
Defendant was indicted for the knowing and forcible assault, resist, impede, and interfere with a federal correctional officer engaged in his official duties. Defendant was found guilty by a jury for resisting, impeding, and interfering with a federal correctional officer.
- 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.