Research and Writing: Brief Assignment
Note: When formatting this assignment, please do not include
each section on its own page as directed. A line break or two between sections
will suffice and save paper/trees
Review the fact pattern provided below. At this time, Mr.
Kant stands convicted of either petit larceny or shoplifting, as dictated by
your state statutes, and your office has been hired to handle the appeal. Based
on your lessons and reading material regarding legal analysis and writing,
legal research, legal citation and appellate procedure, prepare the appellate
brief based on relevant statutory and case law from your state of residence.
Proper format is outlined in Statsky Ch. 12 pgs. 600 – 602 and detailed in your
state court rules, formbooks, etc.
Thoroughly research the issues involved and address the
statute/s from your state under which Mr. Kant would be charged and convicted.
Locate at least one binding opinion upon which to base your arguments and apply
the opinion in a thorough and concise manner. You should also apply any relevant
secondary authority that might be used in support of your arguments. In
completing this assignment, please focus on demonstrating your research,
analysis, citation and writing skills over format of the brief.
Bear in mind that you do not have access to the trial court
record for this assignment, which would not be the case in an actual law office
setting. Therefore, you may embellish the facts as necessary to fully develop
your arguments. Use care, however, not to allow those embellishments to change
the issues involved.
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.
