PROJECT INSTRUCTIONS: submit to discussion board in following module
The Final Project organizes all the components of the course previously studied. It combines the case brief submitted early on in the course with the study of defenses to crimes against people and property.
The original case brief can be used or a new one can be substituted. Include the original case brief if that is to be used. Place that up front in your submission. If a new case brief is to be used, brief the case first and include that in your submission. The Memorandum should follow the case brief. Do not upload files as a substitute for copy and pasting work into the discussion board. If you must upload files, you may, but there must be a copy/ paste submission in the discussion board for credit to be earned on this (and all) assignments. Go back to earlier lessons and make certain copy/ paste is not substituted for by an uploaded link. Uploading links are fine, they just do not substitute or replace the requirement to copy/ paste submissions directly into the discussion board.
Step one of the project is to review the case brief, work on defenses and the analyses of crimes against people and property previously prepared. Step two is to perform additional legal research to answer the project question which is to assume the position of the losing party in the case. Prepare a legal memorandum on either errors made by the prosecution or the potential for the defendant to succeed on appeal. Use proper legal citation and structure the memorandum using the Issue, Rule, Analysis Conclusion format. The paper should be no more than 5 pages. It should contain no less than 7 references.
The “Fact Pattern” is derived from the case brief. The assignment is to
Review the Fact Pattern
Identify the crimes charged.
Prepare an analysis that identifies each crime, describes the elements of each crime, explains the evidence that proves each element and offers possible defenses for each crime.
Explain why the lower court was wrong in how it decided the case. Explain how and why the reviewing court should reverse the lower court or why it should not.
You will be graded on your ability to:
explain the crimes, recognize the elements and evidence necessary to prove each element and any available defenses
incorporate Florida Statutes and case law into the paper
incorporate the textbook into your paper
organize and communicate a clear, properly cited analysis of the problem
conduct adequate research to support conclusions drawn
If you have questions, please ask. You will need to research the Florida Statutes and case law.
ADDITIONAL INSTRUCTIONS
Keep in mind that if you are looking at this from the perspective of the losing party then the prosecution or defense counsel would have lost in the lower court. For purposes of an appeal explain why that happened and what should have been done differently. If the defense lost in the lower court explain its grounds and basis for appeal.
Briefly address the matter of jurisdiction.
Make sure that you include specific and relevant references to appropriate Florida statutes, cases and the text. If the case is not a Florida case how would it be decided under Florida law?
If arguing as a prosecutor you will need to anticipate any defenses that might be presented.
Be careful that you are not trying to put everything you know into this paper. There are relevant and irrelevant aspects to the case for purposes of this analysis. It is up to you to sort out the relevant from the irrelevant.
SUBMITTING YOUR DOCUMENT: Submit to discussion board in Lesson 15
Submit your document to the Final Project Discussion Board included in the final module of the course. All contributing student names must be listed on the submission. All students on the team earn the same grade for the submission.
The analysis is expected to be original. If I see that a significant portion of your paper consists of borrowed sources, regardless of whether it is properly cited, you will likely not receive a high score. I am looking to see how well you can develop and present your own ideas. This is why the sharing of ideas in the collaborative framework is so important.
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