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Marijuana Law – Keyed to Mikos
Lewis v. Virginia
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*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. Review the Facts of this case here:
Kenneth W. Silvey, was in custody serving a thirty year sentence in the James River Correctional Center. Silvey testified that he received large amount of money by conducting illegal transactions with other prisoners. Lewis, Defendant, a prison guard, realized the amount of money Silvey was making and asked him if wanted to make more money by selling marijuana. Silvey accepted Lewis’ request because Lewis said the prison officials would help him and promised to get him off on parole. Three month later, a correction official gave Silvey $150.00 that contained a substance that would only be visible under fluorescent light, to buy marijuana. Subsequently, Silvey gave the money to Lewis, and Lewis was to deliver marijuana to him later that night. At 8p.m. that evening, Lewis took his work break and as he was walking towards a gate by the inmate compound, he was stopped, arrested, and searched. The officer did not only found $71.00 on his persons with the same substance the $150.00 carried. Lewis consented to a search of his home and vehicle, and the officer did not find any marijuana or illegal contraband. At trial, Lewis contended that he found the money in a drawer at work and denied offering or intending to deliver marijuana to Silvey. Lewis was convicted of attempting to deliver marijuana and fined $2500.
- 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.