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Criminal Law Keyed to Osler
United States v. Zupnik
Citation:989 F.3d 649 (8th Cir. 2021)
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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:
In 2016, law enforcement in South Dakota went undercover during the Sturgis Motorcycle Rally. Part of their operation was responding the advertisements on Craigslist to identify individuals who were seeking children for sexual purposes. Officers responded to the defendant’s posting looking for a woman to “bang a Biker”. Officers responded as a 15-year-old named Kelli. Defendant knew Kelli’s age, saw photos of “her” that were aged down to look about 15 or younger, and said that he liked younger girls. They arranged to meet up, but defendant kept telling Kelli to keep it on the down low so he did not get in trouble. She asked if she should bring condoms to their meet up, and he agreed. Defendant arrived at a high school to pick her up and was arrested.
At trial the defendant asked for entrapment instructions to be given to the jury. The judge agreed, but the defendant was convicted anyways.
- 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.