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Criminal Law Keyed to Abrams
Sorich v. United States
Citation:555 U.S. 1204, 129 S.Ct. 1308, 173 L.Ed.2d 645 (2009)
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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:
Sorich (Defendant), along with other city employees, was convicted of political-patronage hiring for local civil-service jobs under 18 U.S.C. § 1346. This was a federal criminal statute addressing mail and wire fraud, but in the decades after it was enacted, federal prosecutors used the statute to reach a variety of cases involves deceptive schemes, bribery, kickbacks, and other forms of corruption by public officials and private fiduciaries. As a result, appellate courts struggled to define the outer limits of the criminal conduct reached by the statute. Sorich petitioned the U.S. Supreme Court for certiorari. The Court denied certiorari, and Justice Scalia authored this dissent.
- 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.