Order ID:89JHGSJE83839 | Style:APA/MLA/Harvard/Chicago | Pages:5-10 |
Instructions:
Neumann vs Liles and Bertrand vs Mullin
Please select two cases from the “List of Assigned Cases” to review. You can find this document under
the “Getting Started” module.
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). For your reference, you can review the
information regarding case briefs which begins on page 29 of Chapter One in your textbook. 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.
The assignment is worth 100 points and is due by 11:59 p.m. on Sunday, November 17.
The case comparison assignments will be reviewed using Turnitin, a software program which
checks the originality of an assignment
. 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.
You 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 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 c
our 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?
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. I look forward to reading your papers!
RUBRIC |
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Excellent Quality 95-100%
|
Introduction
45-41 points The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned. |
Literature Support 91-84 points The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned. |
Methodology 58-53 points Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met. |
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Average Score 50-85% |
40-38 points More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided. |
83-76 points Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration. |
52-49 points Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met. |
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Poor Quality 0-45% |
37-1 points The background and/or significance are missing. No search history information is provided. |
75-1 points Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration. |
48-1 points There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met |
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Neumann vs Liles and Bertrand vs Mullin |
Neumann vs Liles and Bertrand vs Mullin