winn_20231214
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Kennesaw State University *
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101
Subject
Law
Date
Jan 9, 2024
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docx
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3
Uploaded by JudgeQuail3880
LEGAL ANALYSIS
DATE:
October 17, 2020
TO:
Attorney L. Yung
FROM:
Your Name
RE:
Jim Winn
Case
************************************************************************
**
FACTS
Jim Winn is a sixteen year old high school student who attended Patrick Glaze’s party on June 20, 2021. The party was very crowded and cars were double-parked in front of the home where the party hosted by 17 year old Patrick Glaze. Glaze parents were out-of-
town and there were no adults at this home at the time of the party. Jim stated that he was not drinking alcohol, and was focused on trying to get a dance and a date with Suzy Johnson, another guest at the party. Many of the guest were drinking beer at this party. During the party, Renz Henderson, one of Jim’s friends ask to borrow his keys as Jim had him blocked in and he needed to get to his car. Renz further indicated
that he needed to get out so that he could go to the corner store and buy some more beer. Jim gave Renz his keys and Renz returned about an hour later.
On Sunday morning, Jim was arrested and charged with theft. Jim maintain his innocence
and states that he was at the party the entire time. Jim further states that Renz must have used his car to commit the crime. Jim’s car has been impounded pending the outcome of the case.
LEGAL ISSUES
1.
According to O.C.G.A. § 16-8-14, Is Jim Winn guilty of theft by shoplifting?
2.
Did law enforcement have the right to impound Jim Winn’s car?
ANALYSIS
1.
According to O.C.G.A . § 16-8-14, Is Jim Winn guilty of Shoplifting?
* After writing your Analysis of the paragraphs (Below in red), erase the instructions and bullets. Do NOT
use bullet points in your discussion. Write in paragraph format.
Paragraph 1 - Answer the question (i.e. Yes,….).
Paragraph 2 - Indent and Quote the statutory law (or summarize/brief the case law).
Paragraph 3 - Explain how O.C.G.A. § 16-8-14 is relevant to your argument.
Paragraph 4 – Provide Counter arguments.
Erase all red bullets once you have followed the above directions. The only thing remaining in this section should be your 4 paragraphs. Those who
provide 1 or 2 sentences in each of the 4 paragraphs will be asked to revise
their case briefs.
Other themes and hints
* Do NOT erase the subtitles below
. Testimonial Evidence
Discuss any possible testimonial evidence. It’s also recommended that you provide a theme title (e.g. Testimonial Evidence) and underline the topic. If you discuss 2 types of testimonial evidence, it should be discussed in separate paragraphs, but under the same sub-topic, Testimonial Evidence.
Counter-argument(s)
What counter-argument might the opponent use to the testimonial evidence?
Documentary Evidence?
If so, discuss here.
Demonstrative Evidence?
If so, discuss here.
Counter-argument(s)
What counter-argument might the opponent use to the Documentary/Demonstrative evidence?
2.
Did law enforcement have the right to impound Jim Winn’s car?
NOTE: You must find case law in Georgia related to the impoundment of a car and why (based on the reason law enforcement impounded Winn’s car). Discussing Jim’s amendment rights being violated is not sufficient.
Paragraph 1 - Answer the question (e.g. Yes,….)
Paragraph 2 – Summarize the case law you found using Westlaw.
Paragraph 3 - Explain how your new found case is relevant to your legal argument. Explain how your Westlaw case supports your legal argument.
Erase all red bullets once you have followed the above directions. The only thing remaining in this section should be your 4 paragraphs. Those who provide 1 or 2 sentences in each of the 4 paragraphs will be asked to revise
their case briefs.
Hint!
The car was involved in the commission of a crime.
CONCLUSION
You must write a paragraph (or two) summarizing the case and your perspective on the possible outcome of the case. Is it a strong case? Weak case? Identify further recommended steps. Write in paragraph format. Do not use bullets.
Start a new paragraph to discuss your recommendations. REFERENCES
Paralegal Workbook, page 93 – Do not
use the statutes or cases referenced in Writing Assignment 1.
Georgia Laws on Shoplifting - http://law.onecle.com/georgia/16/16-8-14.html
Georgia Code on theft - https://law.justia.com/codes/georgia/2010/title-16/chapter-
8/article-1/16-8-2#:~:text=A%20person%20commits%20the%20offense,property
%20is%20taken%20or%20appropriated
.
NOTES FOR BOTH LEGAL ANALYSIS:
Use Westlaw to find your statutory and case law.
All statutory law must be quoted (and indent the actual statute). Only quote the relevant portion of the law.
Your Legal Analysis should be 1 ½ to 2 pages.
Your Legal Analysis must
be written in paragraph format. No bullets
.
Do not change the legal issues that I’ve given you.
All laws (Statutory and case law) should be discussed under your Analysis. The laws must be discussed in the context of your case. In other words, you must explain how the law supports your legal argument. No two sentence paragraphs! The attorney will expect you to be thorough and explain how all laws apply.
If names are not provided, you must give your witnesses a full name.
Once you have typed your entire Legal Analysis, go back and erase the instructions which are in red inked font.
Do not use the statutory law or case law in your writing assignments on pages 93 and 95. You will be using West law to find all statutory and case law.
When searching for Georgia case law, there is case law supporting the impoundment of Winn’s car. Find Georgia
case law related to impoundment.
Remember, you are writing a portion of the attorney’s legal argument. It must be thorough.
Set your Legal Analysis aside for one day. Come back and read the instructions again. Then re-read your legal analysis for it’s final proof.
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