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Criminal Law Keyed to Osler
United State v. Erramilli
Citation:788 F.3d 723 (7th Cir. 2015)
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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:
Susan and Vincent Domino were on a flight to Chicago from their vacation in Las Vegas. Due to the open seat policy on the airline, Mr. Domino sat on the right side of the plane in the aisle because he was blind in his right eye and this let him see what was going on, while Mrs. Domino sat by the window so she could lay on the wall and rest. Defendant was the last passenger on a full plane, so he sat between the couple.
Mrs. Domino did fall asleep, but awoke to something brushing against her leg. Thinking it was an accident she went back to sleep. Again, she awoke to pressure on her upper thigh. She turned away from the defendant and said “excuse me”. A little drowsy and unsure she tried to go back to sleep. On a third occasion while she was asleep, defendant slid his hand up Mrs. Domino’s shorts and squeezed her inner thigh. Mrs. Domino “lost control” at this point and her husband called for a flight attendant but the plane was already in descendent. Upon landing the three were escorted and met by the Chicago Police Department where Mrs. Domino told the officers what had happened.
Grand jury indicted the defendant with two counts of nonconsensual sexual contact for the second two incidents. At trial, the defendant attempted to keep out his two prior convictions for the same charges, one in 199 and one in 2002. In both instances he groped women who were asleep on airplanes, both on the side of their breasts.
- 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.