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People v. Green
Citation:
22 Cal. Rptr. 3d 736 (Cal. App. 2004)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:
On July 6, 2000, sheriff’s deputies executing a search warrant seized items from Douglas Green. On August 15, 2000, a complaint was filed charging Green with grand theft, burglary and forgery. Green retained attorney Lawrence Buckley to defend him. Green told him he did not have access to $25,000 for retainer because the sheriff had taken all of his money and personal property. They therefore agreed that Buckley would have an attorney’s lien against the seized property for $25,000. Buckley filed a motion on Green’s behalf for the return of any seized items that were not contraband or evidence. The People filed an opposition to the motion. On August 29, 2001, in exchange for legal services, Green gave Buckley a promissory note for $80,000. He also signed a written security agreement, purporting to give Buckley a security interest in the property. Buckley filed a notice of lien, asserting a lien on the property for $80,000. Buckley filed a UCC-1 financing statement listing the property. However, he was unable to perfect because the sheriff had possession of it.
- 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.
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