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Marijuana Law – Keyed to Mikos
Ter Beek v. City of Wyoming
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- 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.
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- 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.
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- 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:
The Michigan Medical Marihuana Act (MMMA) provides immunity to registered qualifying patients from “arrest, prosecution, or penality [ . . . ] fro the medical use of marihuana.” Under the city code, violations of the city ordinance, which prohibits any land uses that are contrary to federal law and subjects individuals to civil sanctions. Plaintiff, John Ter Beek, is a qualifying patient under the MMMA, but his conduct would be penalized under the federal law. However, after the city’s adoption of the ordinance, Plaintiff initiate this action against the city seeking a declaratory judgment that the ordinance is preempted by the MMMA.
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