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Criminal Law Keyed to Abrams
Marinello v. United States
Citation:138 S.Ct. 1101, 200 L.Ed.2d 356 (2018)
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- 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:
Carlo Marinello (Defendant) was charged with violating several criminal tax statutes including the Omnibus Clause of 18 U.S.C. § 1503. The government claimed that he had failed to maintain corporate books and records and to provide his tax accountant with complete and accurate information, as well as destroying business records and hiding income. Marinello was convicted by a jury on all counts. On appeal, Marinello argued that a violation of the Omnibus Clause requires the government to show that a defendant had tried to interfere with a “pending IRS proceeding.”
- 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.
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- 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.
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