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Case Brief Criminal Law Arizona v. Gant 556 U.S. 332 (2009)

Arizona v. Gant 556 U.S. 332 (2009) E

in preparation for the assigned brief, the student should read the full text

(entire ruling except for the footnotes) of the case posted in Canvas carefully,
thoroughly, and MULTIPLE TIMES. Then, the student should construct the brief in
accordance with the guidelines (outlines & format posted in Canvas), in her/his
OWN words, in the following format:

A. Name of the Case
B. Citation
C. Year Decided
D. Character of Action (How did the case reach the highest court?)
E. Facts (only detailed enough to cover every legally relevant fact)
F. Issues (legal or constitutional)
G. Decision (By the U.S. Supreme Court or State Supreme Court)
H. Opinion (Majority)
I. Concurring Opinion (If Any?)
J. Dissenting Opinion (If Any?)
K. Comment by The Student (Use of published legal opinions required)
L. Principle of the Case

A sample case brief, Gideon v. Wainwright 372 U.S. 336 (1963), submitted by a
student in a previous section of this course, is posted in Canvas

Upon completion of the case brief, the student must submit it to turnitin, which is
embedded in the ASSIGNMENTS module of the course in Canvas, by clicking on
the ASSIGNMENTS button on the lefthand side of the course menu, by 12:00
noon on the date specified above. Please make sure to upload the finalized case
brief at least ONE hour before the deadline to ensure acceptance by turnitin.
Plagiarism (i.e. including but not limited to copying verbatim from the court ruling
without quotation marks, copying a case brief previously submitted by another
student, copying the case brief of another student in the class; copying material
from a book, an article or internet sources without proper citation, etc.), however
slight, will result in the assignment of 0 point for the brief and imposition of
appropriate disciplinary action in accordance with established University policy.
Please know that absolutely NO EXCUSE of any kind will be accepted in the case
of plagiarism.

In addition to strictly adhering to the standards of academic integrity, the student
should avoid quoting excessively (cutting and pasting even with quotation
marks) from the court ruling. Direct quotations should be reserved only for
important and unique legal terms (e.g. “neutral and detached magistrate”,
abandoned and malignant heart”, “totality of the circumstances”, “reasonable
expectation of privacy”, etc.) or when stating a particular legal statute (e.g. CA
Penal Code Section 192 defines the crime manslaughter as “the unlawful killing of
a human without malice.” A case brief that is primarily made up of direct quotations
will be given a score of zero.

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