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Criminal Law Keyed to Johnson
State v. Polzin
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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:
Polzin (Defendant) owned Surety Finance Corporation, a loan company, and Clallam Adjustment Corporation, a bill-collection agency. Mamie Braseth gave Defendant a promissory note in the amount of $200, for which Defendant gave Braseth $7 in return. As a result of this exchange, Defendant was obligated to pay certain bills that Braseth owed to other creditors. Defendant then convinced two of the creditors to employ Clallam to collect the creditors’ accounts against Braseth in return for a collection fee to be paid by the creditors to Defendant. The creditors agreed, unaware that Defendant was already obligated to pay Braseth’s debt. Defendant then transferred money from the promissory note to Clallam. Clallam paid the amount, minus the $19 collection fee, to the two creditors, thereby paying Braseth’s debt in full. Defendant was later convicted of petit larceny for taking a collection fee from the creditors. Defendant appealed.
- 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.