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Marijuana Law – Keyed to Mikos
California v. Young
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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.
- 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:
A California Highway Patrol Officer, Rick La Groue, notice a green with an Oregon plate traveling in the opposite direction while on patrol. The car went to the right shoulder of the road and then returned onto the road. Officer La Groue drove toward the vehicle to investigate the matter. When he approached the vehicle, Officer La Groue notice Defendant was the sole occupant. Defendant stated he lived in Paynes Creeke California. The officer conducted a routine check on Defendant and asked Defendant if he had any drugs in the car. Defendant told him he had marijuana in a blue gift bag and handed it to the officer. The officer found a baggie of marijuana, a black container, rolling papers, a rolling device, matches, and sixteen burnt marijuana ends. Inside the black container, the officer found a smoking device, twenty-one hand rolled marijuana cigarettes, another burnt marijuana end, and small baggie containing marijuana. Further, the officer searched the vehicle and found another two gallon sized back with marijuana. Thereafter, Defendant handed Officer La Groue a “California Compassionate Use Act of 1996, Health & Safety Code § 11362.5, Physician’s Statement,” which was Dr. Tod H. Mikuriya’s authorization to use no more than ten plants of cannabis. Prosecution changed Defendant with transportation of marijuana, a felony drug trafficking offense. Defendant alleged that he believed his transportation of marijuana was lawful under the Compassionate Use Act. However, the trial court refused to instruct the jury on this claim and the jury found Defendant guilty.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.