Project #41519 - Case Study

Report - Analysis and Briefing of Case

 

For this Report, you will analyze the case and prepare a ONE PAGE brief.  You will be required to read the case of Palsgraf v. Long Island R.R., 248 N.Y. 339; 162 N.E. 99 (N.Y. 1928).  This is a seminal case involving negligence and will aid your understanding of the complexities of the seemingly simple tort. 

 

You should also view the video which accompanies this assignment.  Bear in mind that the creator of the video took a bit of creative license, so you should refrain from allowing such details to alter your analysis of the case.  Should the video provoke thoughts beyond your analysis of the case, then clearly indicate as much.

 

How to brief a case*:

 

Briefing a case involves breaking down the case and writing a brief narrative as follows:

 

  1. Facts: Briefly describe the relevant facts of the case (the events that gave rise to the lawsuit).  This is usually described in the beginning of the case opinion.
  2. Issue: Identify what the court deciding in the case.  This is usually summarized in a sentence or two in the middle of the case opinion.
  3. Ruling: This is also known as the “holding.”  Here you will identify what the court decided in the case. It is usually just a sentence or two, and is typically at the very end of the case.
  4. Rationale: This is the description of why the court decided as it did.  That is, was were the court’s reasons for its ruling?  The court may look to statutes, Constitutions, and/or common law and prior precedents in describing its rationale.

 

*See the more detailed page on briefing a case, included with this assignment.

 

Your brief must be typed and may NOT exceed TWO PAGES.  In keeping with APA guidelines, utilize a cover page and reference page. DO NOT EXCEED THIS LENGTH.  You may use addition resources[1] in drafting your brief.  But, if you choose to do so, you must property cite such reference material, per APA guidelines. Identify the topic, your name, course name, instructor name and due date on your title page. 

 

Grading:

 

In grading your briefs, I will be looking for the following:

  • Have you addressed all the required elements as assigned?
  • Have you developed an accurate and thoroughly developed analysis?
  • Is your analysis supported by specific details and examples?
  • Are the required elements of your brief clearly identifiable?
  • Are your ideas expressed in complete sentences?
  • Do your sentences and paragraphs transition well, and represent a logical flow to the subject matter?
  • Do you utilize proper spelling, punctuation, and grammar?
  • Do you follow APA guidelines?

 

 

 



Subject Law
Due By (Pacific Time) 10/04/2014 12:00 am
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