IntroductoryCaseStudyAssignment
Questions
- Case name: Include the names of the parties such as Brown v. Board of Education.
- The name of the court deciding the case: For example, The U.S Supreme Court.
- Case citation: An example of a citation is as follows: 552 U.S. 661 (1987). The citation includes the volume and page number of the legal reporter where the case is published. It also includes the year that the case was decided by the court. Please see page 29 of your textbook for further examples.
4. Key facts: State the relevant and significant aspects of the case briefly. Tell a short story. The facts should identify the plaintiff(s) and defendant(s), report the events leading up to the lawsuit and state the relief the plaintiff is seeking. Also, give a brief description of the procedural history. The procedural history tracks what happened before the case made it to the higher court that is reviewing the case. For example, if the decision in the textbook is authored by an appellate court, then there will be a reference to the decision of the trial court. 5. Issue: This is the legal question the court is being asked to address. Sometimes, there are many issues. Focus on the primary issue(s). Include which area of law the issue pertains to such as “contracts” or “torts”. 6. Decision: State how the court resolved the issue. An example of a decision would be the lower court decision is reversed or affirmed. 7. Critical analysis and case comparison: Please address the following questions for the two cases. • When analyzing each case, were you able to identify the legal principle applied to each case? For example, this could be a federal statute or a case precedent that each court applied. Very basically, please state what type of law was applied. • Was one court’s application of the rule easier to follow than the other? Please explain. • After critically analyzing the outcomes of each case, do you agree with either decision. Why or why not? In your analysis, include how the Court’s reasoning impacted whether you agreed with each decision. • Did the reasoning of the Courts include reference to any public policy considerations or notions of fairness? Please discuss. • While the decisions may not be on the exact same issue and the facts may vary, were you able to see any similarities in the reasoning sections or in the way the cases were handled procedurally? Please explain. • Identify any key legal terms or concepts that were significant in one or both of the decisions.
INSTRUCTIONS
Format
- ting Instructions Since you are reviewing two different cases, it may be best to set up the paper as follows: Case #1: (A v. B) (Analyze sections 1 – 6, using the case elements as headings and provide the answers to each immediately below each heading) Case Name Court Case Citation Key Facts Issue Decision Case #2 (C v D) (Same format as for Case #1) Case #1 and Case #2 Answer each of the questions under section 7 jointly.
List of Assigned Cases Please select two cases to compare from the list of assigned cases below*: Chapter 2: Review Abdouch v. Lopez (pg.2-4) and Hertz. Corp. v. Friend (pg. 2-10) Chapter 7: Review Currie v. Chevron U.S.A., Inc. (pg. 7-7) and Lord v. D& J Enterprises, Inc. (pg. 7-11) Chapter 11: Review Pena v. Fox (pg. 11- 5) and Duro Textiles, LLC v. Sunbelt Corporation (pg. 11- 8) Chapter 13: Review Hicks v. Sparks (pg. 13 -10) and Patterson v. CitiMortgage, Inc. (pg. 13 -12) Chapter 14: Review J.T. ex.rel.Thode v. Monster Mountain, LLC (pg. 14 -2) and Rogers v. Household Life Insurance Co. (pg.14 – 9) *If you choose to review and compare cases other than those listed above, the cases must be from the same chapter and from the chapters that are assigned reading for this semester.