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Motions in Action

In this assignment, you are to:

1.  Explain what a Motion for Summary Judgment is.

2.  Explain what a Motion to Dismiss is.

3.  Compare and contrast the two motions.

4.  Observe a Motion for Summary Judgment or a Motion to Dismiss in a federal court.

a.  Go to uscourts.gov;

b.  Locate “About Federal Courts” in the top navigation banner of the website and click on it;

c.  Under “Judicial Administration,” locate “Cameras in Courts” and click on it;

d.  In the “Select a Procedural Posture” field, use the drop-down to select “Motion for Summary Judgment” or select “Motion to Dismiss” and click “Apply.”

e.  Choose a case from the list that is of interest to you and observe a minimum of 30 minutes of the proceeding.

5.  Analyze what you observed in the hearing.

a.  Include the name of the case; and,

b.  Whether it was a Motion for Summary Judgment or a Motion to Dismiss hearing.

Your submission should adhere to the following guidelines:

·  The total length of your paper should be a minimum of 3 full pages in length.

·  Use APA style for general formatting, including margins, font type and font size, spacing, and cover page.

·  Include Bluebook formatted citations within the body of the paper and on the References page.

Struggling with where to start this assignment? Follow this guide to tackle your assignment easily!

Step 1: Understand the Assignment Prompt

• Identify the type of motions you need to analyze (e.g., pretrial motions, motions to dismiss, motions for summary judgment).
• Determine whether you need to discuss real case examples, legal procedures, or court rulings related to motions.
• Clarify if you need to provide a legal analysis, argument, or comparison of different motions.

Step 2: Research and Gather Evidence

• Use legal textbooks, court cases, and scholarly articles to understand how motions are used in criminal law.
• Look for examples of successful and unsuccessful motions in real court cases.
• Reference laws such as Federal Rules of Criminal Procedure or state-specific regulations.

Step 3: Structure Your Assignment

1. Introduction

   • Define what legal motions are in criminal law.
   • Explain their significance in the judicial process (e.g., how they affect case outcomes).
   • Provide a thesis statement outlining the key focus of your discussion.

2. Body Paragraphs (Analysis and Discussion)

   • Types of Criminal Motions: Discuss different motions (e.g., motion to suppress evidence, motion to dismiss).
   • Legal Basis and Requirements: Explain the legal grounds for filing each motion.
   • Case Examples: Analyze real-life cases where motions played a crucial role in the verdict.
   • Impact on Criminal Proceedings: Discuss how motions influence trial proceedings and defendants’ rights.

3. Counterarguments & Rebuttal

   • Address potential challenges or limitations of using motions (e.g., judicial discretion, procedural delays).
   • Provide evidence to support why motions are essential for due process.

4. Conclusion

   • Summarize the importance of motions in criminal law.
   • Discuss their role in protecting defendants’ rights and ensuring fair trials.
   • Offer a final thought on how motions contribute to the justice system.

Step 4: Formatting and Citations

• Follow APA or Bluebook citation style for legal references.
• Use case law and legal precedents to strengthen your arguments.
• Proofread for legal accuracy, clarity, and coherence.

By following this structured guide, you’ll craft a well-researched and compelling analysis on criminal law motions. ⚖️📜

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