Intro to law project 3

PROJECT 3. Case Briefing and Case Application Report (Final Report)

 

Prepare a report that briefs two cases and applies the law from the cases to a hypothetical fact pattern. You must include all of the elements of the brief. In addition, you must discuss what the outcome would be under the hypothetical fact pattern using the law from the case(s). (In other words, what are you going to do for your client, based upon what you have found out.)

The objective of this assignment is to help you become familiar with case briefing as a tool for presenting, analyzing, and applying case law.

The scenario for this case is as follows: (Read carefully, as each element has a particular purpose.)

You are a licensed attorney in the Commonwealth of Massachusetts. Your client has just been convicted of possession with intent to sell marijuana. The case proceeded as follows, namely, the Prosecution had evidence procured under a valid warrant that included twenty full grown marijuana plants. The warrant that seized the plants had been procured with probable cause, signed by a magistrate, to search inside the house, including the attic, and properly implemented at the house of the client. In order to procure the warrant, Officer Jones had noted a possible “grow light” in the attic of your client’s house. This aroused his reasonable suspicion, based upon his years of service, so he returned on trash day, and went through the plastic bags on the curb next to your client’s premises (that area known, in legal terms, as the “curtilage” of the premises), where he found marijuana seeds and drug paraphernalia. He took these to the magistrate as evidence of probable cause, and the warrant was issued. At trial you had objected to the warrant itself, and to the search of the trash without a warrant, which would make the evidence “the fruit of a poisonous tree” and subject to supression. The Court overruled both of your objections, and your client is now doing 20 years in Maximum Security.

You want to mount an Appeal. Is there any way that you might do so? Please answer the following questions, and brief the two cases as a part of your answer for support.

1. Do you have any relief under Federal precedent? Why or why not? (note – question 1 is worth 3 points.)

2. The Commonwealth is in full accord with the Federal precedent. Why is this important? (note – worth 2 points.)

3. Is there any other State that might differ with Federal precedent? Why might you want to go to this length? (note – worth 3 points).

4. How might you use the precedents from all authorities, and what authority might give you a slight chance to prevail in the Massachusetts Court of Appeals? (note –  worth 5 points)

(The above questions must be answered in at least Two pages.)

Cases: Federal precedent – California v. Greenwood 486 U.S. 35 (1988). (One page)

Foreign State precedent – State v. Goss 150 NH 46 (2003). (One page)

(note – each brief is worth 6 points.)

General Requirements

Use your own words. Do not copy word-for-word from the opinion or simply rearrange or replace words while leaving the basic sentence structure and syntax intact. In the event that limited text must be quoted directly from the case opinion, use appropriate methods (citation) to indicate that you are directly quoting from the case and cite the page of the opinion you are quoting. There will be a severe penalty assessed against anyone who extensively or inappropriately lifts text from the opinions (this is plagiarism!).

Hint: You may rely on Findlaw or Google for the purposes of this exercise. Brief Greenwood for Federal Precedent first. You have been given the precedent for MA (#3 above), but must mention it as to how (or why) you need to know this. Brief the NH (Goss) case second. Now apply your knowledge of Precedent and Authority, in the “best light” for your client. Describe the process that you will use, and the Court(s) that you will use, for your Appeal (if you think that you have a chance at all), as well as why/why not you have chosen to do so.

 

Answers

Related Questions

Humanities : one page double space reading respon...

Write a 1-paged, double-spaced essay addressing one of the scholarly articles assigned for a specific class period (see available articles listed on t...

Business Finance : Major Approaches to Clinical P...

Select one of the following disorders:Depressive disorderGeneralized anxiety disorderAttention deficit hyperactivity disorderObsessive-compulsive diso...

Writing : the key concepts found in Drama for Dev...

In your own words write a 2 page paper showing your understanding of 1) Drama/Theatre, 2) Development, 3) Concientization and any other two of the key...

Business Finance : Learning Summary - Business ma...

Please summarize the following and explain what you've learned:Implementation levers include organizational structure, systems and processes, and...

Humanities : Monsters in America Project Chapter...

Monsters in America Project chapter 5,6, and7 (one essay for each chapter the book has 7 chapters) make sure each essay from 1.5 to 2 pagesAs W. Scott...

Science : Discus components inherent to Evidence-...

Topic 1: EBP and PICOT Discuss how you used the three components inherent to Evidence-Based Practice inquiry to direct your clinical question database...

Programming : Software Security, computer science...

Work has to be original, no plagiarism. Paper should be 2 pages single space in length with document and citation formatting per APA Requirements. You...

Business Finance : Strategic business plan , mana...

Directions - Write about: Strategy Implementation Learning & Growth Perspective This paper is based off a virtual simulation we have been working on....

Writing : Create Your Own Political Party Issue ,...

You will create your own political party issue based around something that concerns you (I am a Female Athlete for Team USA, so my issue would be wome...

Humanities : “Why Men Earn More",sociology home...

1.Read the article “Why Men Earn More-The Startling Truth Behind the Pay Gap and What Women Can Do About It” by Warren Farrell. First, outline his...

Business Finance : Job Redesign SLP, management h...

As with the Case Assignment, make sure you have thoroughly reviewed the background readings and understand the key concepts of job redesign and job cr...

Business Finance : Job Redesign Case, management...

In the background materials you had a chance to view some videos and read about the traditional “top down” approach of job redesign as well as the...

Business Finance : Global Marketing, business and...

Of what multinational market group(s) is “Bangladesh” a member? Use information from that group’s website to respond to the questions that fol...

Business Finance : Crowdsourcing, management home...

Term Paper: CrowdsourcingDue Week 10 and worth 200 pointsCrowdsourcing in the field of interface design takes tasks traditionally performed by specifi...

Business Finance : Field Project Paper , manageme...

II. Field Project Paper (15% of grade-Due WK7) Individual Assignment: Students will conduct two (2) interviews with senior managers from different org...

Business Finance : What are political challenges...

3. What are political challenges of entering this country? How do you plan to deal with it?4. What are the cultural challenges of entering this countr...

Programming : Mobile Devices and Self-Service e-C...

Due Week 10 and worth 260 pointsImagine that you have been hired by the startup e-Commerce company Sports R US to provide a convenient self-service so...

Humanities : Write a 3-4 page essay...

BACKGROUND: Television is a powerful agent of socialization. It is everywhere, and we devour thousands of hours of it – so it seems important to ask...

Writing : Paper on experiences with representatio...

We will be talking in class about representation: why it’s important to see people who are like you in the media. By media, I mean: television, movi...

Business Finance : Make summarize about article r...

After you have searched the web and collected article related to PEST model, you will make summarize about article related to PEST model.Your summariz...

Other : Visual Literacy, English homework help...

To help with the preparation of your annotated bibliography, review the following tutorials and resources from the Ashford Writing Center:Introduction...

Business Finance : Make summarize for article rel...

After you have searched the web and collected article related to Porter's five forces model, you will make summarize about article for Porter'...

Humanities : paraphrase...

i took this paper from my friend i need a smiliar paper to this ideas i have attend the same show and i have to write about it. Dance NowOn March 15,...

Business Finance : Answering Discussion Question...

I will upload a file (Discussion Question Ch.2) this has the instruction of what I want you to do read it carefully please. Also, has other classmates...

If you didn't find the right answer

Ask Your Questions, We'll notify you once someone answers it