Bennis V. Michigan
Assignment 2
Issue: Under the state’s tort law, does forgery occur when an individual finds a check written out to cash, and was there any intent to injure or defraud.
Rule of law: Under Section 30-236 of the state penal code defines forgery as “falsely making or altering any signature to, or any part of, any written purporting to have any legal efficacy with intent to injure or defraud.” Section 45-3-109d of the state Commercial Code provides that when a negotiable instrument is made out to cash, it is a “bearer instrument.”… (a) bearer instrument refers to an instrument that is payable to anyone possessing the instrument and is negotiable by transfer alone; it is the same as cash.”
Analysis:
Part 1 1. Falsely making or altering any signature to, or any part of any written purporting to have efficacy. 2. Intent to injury or defraud.
Part 2 1. Did the client alter any signature to have legal efficacy. 2. Did the client intent to injure or defraud.
Part3
Didn’t identify any counterarguments further research needs to be conducted.
Conclusion:
The case law defines forgery “falsely making or altering any signature to, or any part of, any writing purporting to have any legal efficacy with intent to injure or defraud.” In the client’s case there is no evidence of the required intent; forgery does not appear to be present.
Assignment 4
A. The procedure used in the legal analytical process is called IRAC: Issue, Rule, Analysis/ Application, Conclusion. Issue is to identify the legal questions raised by the facts in the case. Rule of law, the determination of which law governs the issue is based the applicability of the law to the facts of the client’s case. This embodies enacted and case law. Analysis/Application determines how the rule of law applies to the issue(s) of the case. This component also has three devices, identifying the elements of the rule of law, apply the elements to the facts of the case, and consider the possible
Issue: Under the state’s tort law, does forgery occur when an individual finds a check written out to cash, and was there any intent to injure or defraud.
Rule of law: Under Section 30-236 of the state penal code defines forgery as “falsely making or altering any signature to, or any part of, any written purporting to have any legal efficacy with intent to injure or defraud.” Section 45-3-109d of the state Commercial Code provides that when a negotiable instrument is made out to cash, it is a “bearer instrument.”… (a) bearer instrument refers to an instrument that is payable to anyone possessing the instrument and is negotiable by transfer alone; it is the same as cash.”
Analysis:
Part 1 1. Falsely making or altering any signature to, or any part of any written purporting to have efficacy. 2. Intent to injury or defraud.
Part 2 1. Did the client alter any signature to have legal efficacy. 2. Did the client intent to injure or defraud.
Part3
Didn’t identify any counterarguments further research needs to be conducted.
Conclusion:
The case law defines forgery “falsely making or altering any signature to, or any part of, any writing purporting to have any legal efficacy with intent to injure or defraud.” In the client’s case there is no evidence of the required intent; forgery does not appear to be present.
Assignment 4
A. The procedure used in the legal analytical process is called IRAC: Issue, Rule, Analysis/ Application, Conclusion. Issue is to identify the legal questions raised by the facts in the case. Rule of law, the determination of which law governs the issue is based the applicability of the law to the facts of the client’s case. This embodies enacted and case law. Analysis/Application determines how the rule of law applies to the issue(s) of the case. This component also has three devices, identifying the elements of the rule of law, apply the elements to the facts of the case, and consider the possible