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Section One
10 points
Using Traditional Westlaw only, locate the following case and provide the complete citation:
10 points
Using Traditional Westlaw only, locate the following case and provide the complete citation:
579 F.2d 1200
1. Name the prevailing parties in the trial court proceeding.
2. Name the trial court. Also name the appellate court.
3. What kind of case is it?
4. In your own words, provide a summary of the facts of the case
5. What are the issues on appeal?
6. Who wrote the opinion?
7. What is the docket number?
8. On what date did the court issue the decision and how did the court rule?
9. Provide the text of Headnote [6] as well as the name of the author referenced in the portion of the text which is summarized by that headnote.
10. Provide the name of the attorney or attorneys who represented the appellants.
Section Two
10 points
Using WestlawNext only, KeyCite the following case:
10 points
Using WestlawNext only, KeyCite the following case:
Parker v. State of Oklahoma, 556 P.2d 1298 (Okla. Crim. App. 1976).
A) How many citing references does the case provide?
B) Has a Maryland case cited the Parker case? If so, provide the case citation for the citing case.
C) Has a Connecticut case cited the Parker case? If so, provide the citation for the citing case.
D) How many of the citing cases are no longer good law? Provide the citation to the case or cases.
Section Three
5 points
Your attorney has asked you to determine whether any cases in your jurisdiction have cited Headnote [6] as referenced in Question 9 of Section One above. Describe the simplest process for obtaining this information using Traditional Westlaw. Would this process be simplified or more complex using WestlawNext? Explain your answer.
5 points
Your attorney has asked you to determine whether any cases in your jurisdiction have cited Headnote [6] as referenced in Question 9 of Section One above. Describe the simplest process for obtaining this information using Traditional Westlaw. Would this process be simplified or more complex using WestlawNext? Explain your answer.
Section Four
I have finished section four .go on with the next sction.
I have finished section four .go on with the next sction.
Section Five – Use Your Appellate Brief Scenario to answer this section
20 pts
FACTS: Sam Kant, stands convicted of shoplifting/petit larceny (as dictated by your state statutes) from Bilmart, a national department store. At his wife’s request, Mr. Kant went to Bilmart on Wednesday, ______, 20___, and purchased a case of six 4 oz. cans of Hoover’s Baked Beans with Bacon. Upon returning home, his wife chastised him for once again failing to purchase what she had requested. Apparently, Mrs. Kant can’t stand the taste of Hoover’s Beans, but is very fond of the Handell’s brand, and was planning to serve them to her book club when she hosted them for lunch the following afternoon. Mrs. Kant ordered her husband to return to Bilmart to exchange the Hoover’s beans for Handell’s Beans.
Upon arrival at the store early the next morning, Mr. Kant found that the line for customer service was extremely long due to Bilmart’s annual sponsorship of a major community food drive. In an effort to save time, and thinking the line might be shorter upon his return, Mr. Kant placed the case of Hoover’s beans into a shopping cart, made his way through the store to the bean shelf, and then added the Handell’s beans to the cart. However, upon his return, the line had not diminished and it was obvious that Sam would be waiting a considerable amount of time to formalize the exchange. Fearing the wrath of his wife should he not return in time for lunch, Sam placed the case of Hoover’s beans inside a cart filled with what appeared to be merchandise returns in need of re-stocking. With the desired Handell’s beans in the shopping cart, Mr. Kant then proceeded to the store’s exit. As he neared the doors, Mr. Kant was approached and detained by store security, who witnessed Sam’s actions, and police were called to the store. Apparently, the cart into which Sam had placed the Hoover’s Beans did not contain returned items to be shelved, but rather, donations to the Bilmart Community Food Drive. Officers Kopp and Slickman questioned Mr. Kant and then cited him for Shoplifting.
Upon arrival at the store early the next morning, Mr. Kant found that the line for customer service was extremely long due to Bilmart’s annual sponsorship of a major community food drive. In an effort to save time, and thinking the line might be shorter upon his return, Mr. Kant placed the case of Hoover’s beans into a shopping cart, made his way through the store to the bean shelf, and then added the Handell’s beans to the cart. However, upon his return, the line had not diminished and it was obvious that Sam would be waiting a considerable amount of time to formalize the exchange. Fearing the wrath of his wife should he not return in time for lunch, Sam placed the case of Hoover’s beans inside a cart filled with what appeared to be merchandise returns in need of re-stocking. With the desired Handell’s beans in the shopping cart, Mr. Kant then proceeded to the store’s exit. As he neared the doors, Mr. Kant was approached and detained by store security, who witnessed Sam’s actions, and police were called to the store. Apparently, the cart into which Sam had placed the Hoover’s Beans did not contain returned items to be shelved, but rather, donations to the Bilmart Community Food Drive. Officers Kopp and Slickman questioned Mr. Kant and then cited him for Shoplifting.
A) Phrase the legal issue or issues as they will be raised on appeal.
B) Locate and correctly cite at least one secondary authority which addresses the issue or issues involved. List any new search terms this resource might cause you to consider.
C) Locate, correctly cite and provide the text of the statute from your jurisdiction under which Kant stands charged and convicted.
D) Based on your current residency, name the court in which Sam Kant would have been tried and convicted. Then, locate, correctly cite and provide a summary of at least one mandatory court opinion that you can argue in Kant’s appeal.
