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Marijuana Law – Keyed to Mikos
Oregon v. Fries
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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.
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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:
Defendant was assisting his friend Albritton to move into his new home with his marijuana plants. Because Albritton had a medical marijuana card, Defendant understood that Albritton had lawful possession of the marijuana plants. Defendant loaded the marijuana plants into his Jeep and began to drive to Albritton’s new home. While driving, a police car began to follow them. Subsequently, Defendant drove into a driveway, and the officer drove past them. Later, the officer observed Defendant on another street in which Defendant again pulled into a drive away. The officer approached them and asked why “they were being so evasive tonight.” Defendant replied, “[w]e didn’t want to get stopped and have to answer any questions about the marijuana.” Thereafter, the officer arrested Defendant and Albritton. Defendant was charged with possessing marijuana. At trial, Defendant asserted that there was no evidence in which a reasonable jury could conclude that Defendant possessed the marijuana plants. The trial court denied the Defendants motion for judgment of acquittal, and the jury found Defendant guilty.
- 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.
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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.