Confirm favorite deletion?
Criminal Law Keyed to Ohlin
Kotteakos v. Unites States
Citation:328 U.S. 750 (1946)
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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:
Simon Brown was the president of the Brownie Lumber Company. He undertook to act as broker in placing loans for others and charging a fee. Brown knew, when he obtained the loans, that the proceeds were not to be used for the purposes stated in the applications. He would tell people applying for loans to state that the purpose of the loan was to modernize homes instead of what the loan was actually intended to be used for. Kotteakos and many others submitted loans through Brown that contained these false statements.
An indictment named thirty-two defendants, including Kotteakos. All were charged with a single conspiracy, however, no connection was shown between all of the defendants other than Simon Brown. Instead, the evidence proved multiple conspiracies. Kotteakos and the others appealed, arguing that they suffered substantial prejudice from being convicted of a single general conspiracy by evidence which proved several different ones.
- 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.