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Marijuana Law – Keyed to Mikos
Iowa v. Bash
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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:
Six police officers executed a search warrant in an apartment shared by Defendant, Patricia Bash, her husband, Kevin, and her three sons. The search warrant stated that the officers were searching for controlled substances and a safety deposit box. The officer’s testimony and Defendant vary. The officer testifies that once the officer read the warrant, Defendant told the officer she could show him where the contents of the search was located. After, the officer testified that he followed Defendant into the master bedroom, where Defendant told him the “it’s on his nightstand in a cardboard box, that it’s Kevin’s stuff, that’s his bong . . . was sitting on the floor next to the bed.” The Defendant’s testimony, however, indicates that Defendant stated “[i]f there is anything here, it would be on Kevin’s side of the bed.” The officer found 1.37 grams of marijuana in the cardboard box. Defendant further testified that she did not know the marijuana was in the box until after the officer opened it. Nevertheless, she admitted that Kevin had previously left marijuana in the box. Defendant was found guilty of possession of marijuana. Defendant appeals on the grounds that the government failed to prove that the marijuana was in her control.
- 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.