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Marijuana Law – Keyed to Mikos
New Hampshire Hemp Council, Inc. v. Marshall
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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:
Owen, a member of the New Hampshire Legislature, co-sponsored a bill that focused on the legalization and regulation of the cultivation of “industrial hemp.” The bill illustrates that the drug commonly referred to as marijuana and varies industrial products originate from distinct portions of the hemp plant. The cannabis sativa plants grown for industrial purposes usually originate from different strains of the plant and are cultivated and matured differently, compared to the strains intended for the marijuana drug. Further, the plants grown for industrial purposes have a lower THC content, one percent or less, than those for drug use. Moreover, Owen and the Hemp Council initiated a declaratory action in the district court. The district court rejected the complaint, and Owens and Council appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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