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State v. Love , 182 Ariz. 324 (1995). What court decided this case? When was the case decided? What is the basic legal question that

State v. Love, 182 Ariz. 324 (1995).

  • What court decided this case?
  • When was the case decided?
  • What is the basic legal question that the court must resolve to decide this case?
  • Think back to the lecture on Rule-Based Reasoning. What type of legal test does the court develop and apply here?
  • Why does the court here reject the reasoning of the Court of Appeals?
  • Does the court rely on any persuasive (rather than mandatory) authority in this case? What authority? Why does it find that authority persuasive?
  • What is the outcome of the case here?
  • What is the holding of the case?
  • If you had a client who was charged with DUI based on facts identical to those described in this opinion, could you predict whether she would be convicted? Why or why not?
  • Both the majority and the dissent assert public-policy arguments to support their positions. What are those public-policy arguments? Which do you find more persuasive and why?
  • Is there a particular fact in the case that the majority and dissent seem to interpret differently? How so? What do you think of those different interpretations?
  • What other cases might you want to read to understand the rule in this case a bit better?

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