Confirm favorite deletion?
Marijuana Law – Keyed to Mikos
Arizona ex rel. Montgomery v. Harris
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. Review the Facts of this case here:
Hrach Shilgevorkyan was stopped by a police officer for speeding and making unsafe lane changes. The officers suspected that Shilgevorkyan was impaired and administered a sobriety test. Shilgevorkyan admitted he smoked “weed” the night before and, thereafter, agreed to a blood test, which revealed Carboxy-Tetrahydrocannabinol (“Carboxy-THC”), a non impairing metabolite of marijuana. Shilgevorkyan was charged with two counts of driving under the influence: (1) driving under the influence of any drug and (2) driving a vehicle while there is any drug or metabolite in the person’s body. Shilgevorkyan moves to dismiss count two alleging he did not have a metabolite in his body because he did not have Hydroxy-THC. An expert testified that marijuana is composed of many types of metabolites, and Hydroxy-THC and Carboxy-THC are two of the main metabolites. Also, it is possible to test Hydroxy-THC in an individual’s blood, however, the Arizona Department of Public Safety does not run that test because the Hydroxy-THC does not remaining the blood for a long time. Therefore, the State tests for Carboxy-THC, which can remain in an individual’s body for twenty-eight to thirty days after the marijuana was ingested.
- 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.