case comparison business law Academic Help
I’m trying to study for my Law course and I need some help to understand this question.
In reviewing each respective case, please identify the relevant facts, issue(s), rule of law applied and reasoning for each case decision (please see categories below). 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 2 pages and a maximum of 3 pages in length, single spaced. When summarizing each section of the assignment, please paraphrase the information. Imagine that you are summarizing the cases 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. 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 and interpretation 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 (1987). The year should be in
parentheses. The purpose of including the case citation is so attorneys or judges can easily locate the
case for themselves.
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).
6.
Rule
: The general legal principle applied to the facts of the case. For example, this could be a
provision in a state or federal statute or a case precedent. The court may review different rules. State the
rule the court applies to resolve the issue.
7.
Decision
: State how the court resolved the issue. An example of a decision would be the lower court
decision is
reversed
or
affirmed.
8.
Reasoning
: This section explains why the court made this decision. Summarize the reasons the court
ruled this way.
9.
Critical analysis and case comparison
: Please address the following questions for the two cases.
After critically analyzing the outcomes of each case, do you agree with either decision. Why or why not?
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?
Can you identify any key legal terms or concepts that were significant in one or both of the decisions?
Would you characterize the main issue in the case as a substantive or procedural issue? Please explain.
10.
Relevance of cases
: Please describe how each case is relevant and applicable to the business
environment.
Can you state at least one reason why Business Law students should read each of these cases? Please
discuss.
Do you think that one case is more important for a student to read than another? Please explain.
Formatting
Please use the above elements of the case brief as headings. For example, the case name and key facts
would be headings. You can then state the information for each case under each of the respective
headings. You can double space between the headings.
Since you are reviewing two different cases, it may be best to set up the paper as follows:
Case #1
: (Analyze sections 1 – 8)
Case #2
: (Analyze sections 1 -8)
Case #1 and Case #2
(Analyze sections 9 and 10 jointly)
Please feel free to reach out with any questions.
Will be submitted through multiple plagiarism checkers including turnitin so please please do not plagiarize. There is a textbook that you will need to use to do the assignment and I can send a list of cases for you to choose from.
