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Criminal Law Keyed to Osler
United States v. Zungia
Citation:
6 F.3d 569 (9th Cir. 1993)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:
There was a bank robbery of the Valley National Bank at 5:45PM. A lone man walked in, and gave the teller a note that stated “$4,000 or I’ll blow your head off. At you a gun I got pointed.” The teller gave the robber almost $2,000 and the robber left. An off-duty police office saw the robber get into a car where he saw “two black men”. The plates of the car were traced back to Andres Gonzales Portal.
Portal told officers he went to the bank with a fried Damaso Olivera and an acquaintance Juan Zuniga. Portal said that only Zuniga entered the bank for about 10 minutes and knew nothing about a robbery. He said they drove around for 30-45 minutes after. confirmed this. Police arrested Zuniga and found a shirt in the search of his home that matched the description of the robber. Also the teller identified Zuniga in a police lineup.
At trial, defendant presented testimony from his wife that he was home when she got home from work. Depending on the bus schedule that would be between 5:15 and 6:00PM. It would be impossible for him to have gotten home when his wife arrived after the robbery and driving around after.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.