Marijuana Law – Keyed to Mikos
Gonzalez v. Raich
Facts
Angel Raich and Diane Monson are California residents who have a medical condition in which they avail their medical condition by using medical marijuana. Their doctors have indicates that marijuana is the only drug that will provide effective treatment. Further, Monson cultivates her own medical marijuana, however, Raich does not because she is unable to. Instead, two caregivers, described as “John Does” provide Raich marijuana at no charge. On August 15, 2002, a county sheriffs and federal Drug Enforcement Administration (DEA) agents came to Monson’s home. The officials concluded that Monson’s use of marijuana was lawful. However, during the three-hour stand off, the federal agents seized and destroyed all six of her cannabis plants. Subsequently, Raich and Monson brought an action against the Attorney General of the United States and the head of the DEA seeking an injunctive and declaratory relief.
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.