Two Assignments

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50 points (Submit your responses by Friday at 9:00 a.m.)

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Submit your Answers in an Attachment.

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THH, LHNTHR FOR

Lesson Five: Test #5

Section One 20 points

Prepore the Notice of Appeol ond the Cover Page f or Som Kont's aPI-JWef F thot wos ossigned in Lesson Three. The triol court ond the correct oppallote court should be bosed on your jurisdiction.

Section Two 5 points

Exploin the diff e?encebetween on external memo of low ond on internol memo of low.

Section Three 25 points

Brief ony coses thot you ore plonning on citing to in your oppellote brief fhot wqs ossigned in lesson 3. Refer to Stotsky Chopter 7 f or brief ing opinions.

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par azi: As signment : Appellate Brief As signment

/r'\ TF{H, LH,N'trH,R FOR

Lncnt. SruDIEs

Assignment 100 points

gbmit your responses by Friday of Week Six

E DRAFT YOUR ANSWERS IN A WOR NG PROGRAM AND SAVE IT TO

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Review the fact Pattern Provided . Mr. Kant stands convicted

of either petit larceny or shoplifting, as your state statutes, and Your on your lessons and readingoffice has been hired to handle the research, legal citation andmaterial regarding legal analysis and

on relevant statutorY andappellate procedure, PrePare the is outlined in ChaPter 12 incase law from your state of residence

Statsky and detailed in Your state rt rules, , etc.

Thoroughly research the i involved and address statute/s from Your Locate at least onestate under which Mr. Kant be charged and convi

binding opinion uPon whi base your arguments and the opinion in a

thorough and concise ner. You should also aPPIY anY levant secondary

authority that might assignment, please

in support of Your arguments. completing this

s on demonstrating your research, ana js, citation and

writing skills over t of the brief.

Bear in mind^(at you do not have access to the trial court recold for this ffi;n,,*;t4,.niln"iorro not be tne case in "n ""t'ul L"y "Il::>Tll9:you may embellish the facts as necessary to fully develop your

use care, however, not to allow those embellishments to change the

FAGTS: Sam Kant, stands convicted of shoplifting/petit larceny (as dictated by

your state statutes) from Bilmart, a national department store At his wife's iequest, Mr. Kant went to Bilmart on wednesday'

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' 20-' and pri"t"'"t"d 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 plan.ning to serve them

lon.r'book club when she hosted them for lunch the following afternoon. Mrs. Kant ordered her husband to return to Bilmart to exchange the Hoove/s beans

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Research and Writing: Brief

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paruZi Assignment: Appellate Brief Assignment

for Handell's Beans. Upon arrival at the store early the next morning, Mr. Kant found that the line for cuEtomer 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 cah, 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 appearsd to be merchandise returns in need of re'stocking. \Mth 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 thcn cited him for Shoplifting.

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