Project #93864 - Business law cas study

CASE STUDY __________________________________________Name_________________________

Reproduce this WHOLE chart, replacing the questions in the center section with your answers to my questions.

Categories

Information    Use YOUR OWN words!!

Points

Case Info

Name of the case.

Identify P and D.

Citation, court and date

0

Names of the Courts

WEB SITE ADDRESS OF THE COURT SYSTEM: Look up the courts in your case on their Web site(s). Put the Web address here. Use the site to determine whether the courts are trial, intermediate appellate, highest appellate or other.

(10)

Go to the Web site for the state or federal court system you case is from. Then figure out what the progression of courts is.

TRIAL COURT:

INTERMEDIATE APPELLATE COURT (if there is one):

HIGHEST APPELLATE COURT (if there is one):

Insert the names of other courts if there are more than three.

If you are confused, SEE ME; I WILL HELP YOU! If you get this wrong, it is possible to fail the assignment by virtue of a domino effect.

Facts              

In your own words

Tell us a story in plain English. Present the facts in a concise fashion. Do not give extraneous facts; give only the ones that support or contradict the rule of law and its elements. Add others only as needed to make the case interesting or more understandable.

Summarize--short and to the point. The facts end when the lawsuit begins. Do NOT use the names of people or businesses. Say lender/car owner; buyer/seller; home owner/contractor, etc. Do NOT use Plaintiff or Defendant instead of buyer/seller. Round off dates. Give time periods in amount of time elapsed, e.g. 2 weeks, not Jan 28 to Feb 11. Round off dollar amounts to even amounts, e.g. $8.50 = $10; $24.32 = $25; $397,034.85 = nearly ½ million dollars; $1, 826 743 = $1.8 million; etc. Round off weights and other measurements and other numbers.

(5)

 

Rule of Law

In your own words

From the textbook, it is the rule the case is intended to illustrate. The rule is usually in the text immediately preceding the case. List the elements. If the exceptions to the rule apply to your case, give them; otherwise do not. Sometimes the case is really about another rule of law. If so, use that. Did this case change the rule? Rule of law before this case was decided: (You’ll find this in the opinion if this case changed the rule of law.) Rule of law after this case was decided: Explain the precise rule of law along with its exception(s), if applicable.

(15)

Definitions

In your own words

Explaining the Rule of Law DOES NOT COUNT for points in this category. Look up new words in a law dictionary AND an English dictionary. Even common English words have different definitions in the law. Every case has at least one word or legal term to look up. Write all definitions in your own words.

(5)

       


Issue   

In your own words

What are they fighting about? The issue is always stated as a question that refers to one or more of the elements of the rule of law. State in generic terms, NOT using names from the case. What ambiguity in the rule of law are they arguing about? The definition of a word or a phrase? From a statute or case? The interpretation of a statute? Do not put facts here.

(10)

Trial Court Argument

In your own words

 

Fill in the name of the court

PLAINTIFF’S LEGAL ARGUMENT: What did the P claim? What rule of law does the P think the D broke? Which element(s) in particular? (Often this must be inferred--read between the lines. Most of the time you can figure it out.) What LEGAL reasons does the P use to support why he thinks that the D should be held legally responsible? Give the LEGAL argument by presenting the rule of law to support that legal argument. Then use the facts to support that argument.

Just giving the facts here will result in a loss of points, domino style, because most of the following sections are tied together. Miss this and you will miss them. Can’t get it? Try harder; then come see me; I’ll help you.

(5)

 

Trial Court Argument

In your own words

 

Fill in the name of the court

DEFENDANT’S LEGAL ARGUMENT: What did the D claim? Sure, the defendant said he didn’t do it; but, what rule of law does he think explains why he is not LEGALLY responsible?  Which element(s) in particular?(Again, this often must be inferred.) What LEGAL argument is the D making? Give the LEGAL argument by presenting the rule of law to support that legal argument. Then use the facts to support that argument.

Just giving the facts here will result in a loss of points, domino style, because most of the following sections are tied together. Miss this and you will miss them. Can’t get it? Try harder; then come SEE ME; I’LL HELP YOU.

(5)

 

Ruling of Trial Judge

Fill in the name of the court

In your own words

In whose favor did the trial court judge rule? Why? What were the rules of law that support the trial court judge’s decision? Why did he reject some rules of law? Which element(s) in particular?

(5)

Who Appealed

WHO APPEALED? Why? Almost all of the cases you are reading have been appealed. The one who appealed is called the Appellant. Sometimes this means that the Plaintiff and the Defendant will switch roles. But to keep us straight on who is who, use buyer/seller; home owner/ contractor, throughout your report. What is being appealed? The judge’s ruling on a motion or a final judgment? Tell us about it.

Please note that if you do not understand what has happened with this case, you will not only lose points here, but you will lose points in the next few sections, because they are interrelated. If you have looked up all the words you do not understand in a legal dictionary and an English dictionary and you still do not understand what has happened, come to see me. I will be happy to help you.

(5)

Intermediate Appellate Court Argument

In your own words

 

 

Fill in the name of the court

APPELLANT’S LEGAL ARGUMENT: What LAW does the Appellant claim the trial court judge used incorrectly? Which element(s) applies(y)? If the Appellant is appealing the judge’s ruling on a motion, he thinks that the judge used the wrong rule of law to make his/her decision on a motion during the lower court trial. If he is appealing the final judgment, he thinks that one or more of the rulings on motions during the trial was made using the wrong law as a basis. The appellant sometimes thinks that the judge gave the jury the wrong instructions.

What LAW does the Appellant think should have been used? (Remember the Appellant can only appeal on errors of law that the trial judge made.) Give the LEGAL argument by presenting the rule of law to support that legal argument.

(10)

Intermediate Appellate Court Argument

In your own words

 

Fill in the name of the court

APPELLEE’S LEGAL ARGUMENT: The appellee will usually think everything’s OK. He will defend his opinion by saying why he thinks the judge was right. What LEGAL argument does he think supports the judge’s decision? Give the LEGAL argument by presenting the rule of law and the correct element(s) to support that legal argument. Then use the facts to support that argument.

(10)

 

Ruling (opinion or holding) of Intermediate Appellate Court

Fill in the name of the court

In your own words

In whose favor did the appellate court rule? Why? What was the LEGAL reasoning behind their decision? Why did they reject the other legal arguments? Which element(s) in particular?

(5)

Who Appealed

WHO APPEALED? Why? Not all of the cases you are reading have been appealed to the highest appellate court. Still remember to keep us straight on who is who, stick with buyer/seller; home owner/ contractor. What error of law is being appealed? A motion or a judgment? See the appeals section above for more instructions.

 

Highest Appellate Court Argument

 In your own words

Fill in the name of the court

 

APPELLANT’S LEGAL ARGUMENT: What LEGAL error does the appellant claim the trial court judge or the appellate court made? Give the LEGAL argument by presenting the rule of law to support that legal argument.  Which element(s) in particular? Then use the facts to support that argument. See the appeals section above for more instructions.

 

Highest Appellate Court Argument

 In your own words

Fill in the name of the court

 

APPELLEE’S LEGAL ARGUMENT: What did the appellee claim? What LEGAL or social argument does he think supports the judge’s decision? Give the LEGAL argument by presenting the rule of law to support that legal argument. Which element(s) in particular? Then use the facts to support that argument. See the appeals section above for more instructions.

 

Ruling of Highest Appellate Court

In your own words

Fill in the name of the court

In whose favor did the highest appellate court rule? Why? What was the legal reasoning behind the highest appellate court’s decision? Why did they reject the other legal arguments? See the appeals section above for more instructions.

 

Your Opinion

Answer these questions:

                                                            Do you think the judge’s opinion was fair? Was justice rendered?

                                                            Was the case well written and well organized? Was it easy to understand? It’s OK to say it was not well done.

                                                            HOW does the case reflect, support, or contradict social policies, ethics, morals, and values of American society? It does, think again!

Then volunteer some other opinion you have.

(5)

If you were CEO

If you were CEO of a business, how would you use the legal knowledge gained from this case to change your business policies and practices to PREVENT your company from being hit with a similar costly lawsuit?

(5)

Points

Deducted

 

 

 

 

 

This center section needs to be copied onto your paper.

 

Total points deducted from above categories.

 

For late papers, deduct

Date Due__________________(fill this in) Date Presented___________________

(-25)

If you copy the judge’s words, DEDUCT

(-15)

If you copy copyrighted words, DEDUCT

(-100)

If you do not follow directions, DEDUCT

            No attachments -5

            Incomplete chart -5

            Not all stapled together with one staple -5

            Using people’s names -5

            Using of plaintiff or defendant; appellant, appellee, etc. -5

            Not rounding off dates and/or numbers -5

            Other -5

(-30)

For every grammatical and spelling error, DEDUCT

(-1)

If you read or give a memorized presentation

(-15)

No oral report

(-25)

For every minute you go over the 5 minute limit

Time started_______________Time ended__________

(-1)

Final Grade for Case Study:  DOUBLE CHECK my math.                                                                                     /100

Subject Law
Due By (Pacific Time) 11/17/2015 06:00 pm
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