SmartBrief
Confirm favorite deletion?
Comparative Constitutional Law Keyed to Sutton, 5th Ed.
State v. Strom
Citation:
921 N.W.2d 660 (N.D. 2019)Facts
Melinda Strom was convicted of misapplication of entrusted property in excess of $50,000 in violation of N.D.C.C. Section 12.1-23-07(1). She was sentenced to five years imprisonment, all suspended, with three years of supervised probation. A restitution hearing was held on April 9, 2018, where the district court addressed the conflict between the newly adopted constitutional amendment guaranteeing victims full restitution and the existing statute requiring consideration of the defendant’s ability to pay. The district court concluded that Article I, Section 25(1)(n) of the North Dakota Constitution, adopted by voters in the 2016 election, overrides the statutory requirement under N.D.C.C. Section 12.1-32-08(1) to consider the defendant’s ability to pay when determining the total amount of restitution. The court issued a restitution order requiring Strom to pay $690,910.67 to the victim without reducing the amount based on her financial circumstances. Strom appealed, arguing the district court abused its discretion by failing to consider her ability to pay.
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.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.