Monday, September 1, 2008

Vindication

So, here I am, reading State v. Mallett, 2003 WL 22901008 (Iowa App.) for my Legal Research and Writing course. Halfway through the case, I reach these paragraphs:

Mallett contends this instruction is inconsistent with Iowa Code section 715A.8(2), which provides:

[HN1] A person commits the offense of identity theft if the person with the intent to obtain a benefit fraudulently obtains identification information of another person and uses or attempts to use that information to obtain credit, property, or services without the authorization of that other person."

In her view, the district court erroneously determined that the term "fraudulently" modified the clause before it ("obtain a benefit") rather than the clause after it ("obtains identification information").

Oh, my goodness! This case went to the Iowa Court of Appeals on the basis of a misplaced modifier! Finally, vindication for my English degree.

4 comments:

Anonymous said...

The English degree is it's own vindication. I would imagine that many of your fellow legalnauts have English degrees themselves at any rate.

Anonymous said...

at times, the chance to start a conversation only appears once.

Unknown said...

Fair enough.

Jess said...

LOL. Oh commas. There's a reason I'm A) not an english major
and
B) not going to law school.