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Constitutional Law Keyed to Chemerinsky
Gonzales v. Raich
Citation:545 U.S. 1 (2005)
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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:
California passed the Compassionate Use Act of 1996, which legalized marijuana for medical purposes by creating an exemption from criminal prosecution for physicians and patients who possess or cultivate marijuana for personal medicinal purposes, with the recommendation and supervision of those physicians.
The United States Controlled Substances Act prohibits possession or cultivating all marijuana.
Raich suffers from a variety of serious medical conditions and uses medical marijuana. She then sued the government for injunctive relief to stop the government from enforcing the Controlled Substances Act and interfering with her right to produce and use medical marijuana under California law.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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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