I
n
t
ro
duc
tor
y
C
a
s
eStudy
Assignment
Please
select two cases from the
“
L
ist of Assigned Cases
”
to rev
iew
. The
list is on the
last page of this document.
In reviewing
each respective case,
please identify the relevant facts, issue(
s)
, and
case
decisi
on (please see categories below)
. For your reference,
you can review the
information
regarding case briefs which begins on page 29 of Chapter
One in your
tex
tbook. While there is more than one way to brief a case, please use the format I have
provided below.
The assignment should be
a minimum of
two pages and a maximum of three pages in
length, single spaced
. The assignments will b
e reviewed
using Turnitin,
a software program which
checks the originality of an assignment
. When summarizing each section of theassignment, please
state the
information in your own words.
Imagine that you are
summarizing the case
s to someone who does not have a great deal of knowledge about
the law
. If you take any of the language directly from
a court
‘s decision, then it
must be in quotes.
Y
ou do not need to use any sources other than the
textbook. If you do, you must cite
the source and include a works cited.
Please keep in mind that
while you need to summarize some information from the
cases, the most significant aspect of this assignment is your
analysis of the decisions
.
The review should include the following elements
for each case
:1.
Case name
: Include
the names of the parties such as
Brown v.
Board of Education
.2.
The name of the
court deciding the case
: For example,
The U.S
Supreme Court
.3.
Case citation
: An example of a citation is as follows:
552 U.S. 661 (198
7
). The
citation includes the
volume and page number of the legal report
er 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, p
lease state what type of law was applied.
• Was one court’s application of the rule easier to follow than the other? Pleaseexplain.
• After
critically analyz
ing the outcomes of each cas
e, 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.
Formatting
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
CourtCase Citation
Key Facts
IssueDecisionCase #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 CasesPlease 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. 1
1- 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. e
x.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
.