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Marijuana Law – Keyed to Mikos
North Caroline v. Wilkins
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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:
Kendrick Wilkins, Defendant, was stopped by Officer Bunt. When Officer Bunt knocked on the driver’s side window, Defendant turned away and refused to open the window. At that point, Officer Bunt opened the driver side door, confirmed Defendant’s identity, and arrested him on his outstanding warrants. Additionally, Officer Bunt, search incident to arrest, found a small plastic bag in Defendants pockets, containing three smaller bags inside, which contained a substance that was later determined to be marijuana, totaling 1.89 grams. Likewise, when searching Defendant’s person, Officer Bunt found $1, 264.00 in cash, which was separated in two 60 $20.00 bills, one $10.00 bill, nine $5.00 bills, and nine $1.00 bills. Defendant contends that his mother gave him $1,000.00 and the additional $264.00 was from a check he just cashed. Subsequently, Defendant was charged and convicted of possession of marijuana with the intent to sell or deliver.
- 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.