Case Brief Assignment (CA2)

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There is a case brief information document located in your home module. Please read it, along with the information and instructions below for this assignment.

1. You may select ANY case that you find in chapters 19, 20, 21, 22 or 27. It can be one of the assigned cases, or you can select a different case in those chapter to “brief” for this exercise.

2. After you select a case, you will need to look up the published case in Nexis-Uni in the UMW online library databases. Or, simply “google” the case, but be sure that the one that you use is the one of the cases from the above chapters. You can check by making sure it is the same topic, year, case #, and state or court (citations should be the same as the one from your textbook, or very similar).

3. Your case brief should be about 1.5 pages (if single spaced) to about 2 or 2.5 pages (if double spacing is used) in length. It is okay if you go over a bit. The case brief should include the following subheadings:

A. Case Citation

B. Facts

C. Issue

D. Law

E. Analysis

F. Holding

4. Within the above subheadings, be sure to discuss history of case (where was it before the present appellate judge heard the case?); This can be one sentence, and place in the “facts” subheading or even in the “case citation” subheading.

State relevant facts (in your own words – paraphrase case); This should be about 1 paragraph, not more than 2.

What is the issue (or issues) before the appellate court? Usually 1-2 issue questions, you may focus on just one issue – but, your law, analysis and holding must be mapped to the issue that you select.

What is the law that the judge applied? (Cite a case law precedent or statute that the judge used in his/her opinion.) Students may use bullets here – or just list the law that the court used. You are not required to list every case that the judge referenced, but you must reference at least 1 case (which you will apply in the key analysis section). Be sure that the law that you select is mapped to the issue, law and analysis.

What was the key analysis? This is the part of the case brief where you would apply the law used by the court to the facts in issue to resolve the issue question. This should be about 1-2 paragraphs. Be sure to map your analysis to the law and the issue and the holding.

How did the court decide the case? What is the holding? This should be about 1-3 sentences. A holding is not simply a statement of who won the case. It requires some mention of the issue question, and you need to explain how the court resolved the issue question. Holding must be mapped to issue selected for your brief.

5. Finally, for this assignment, change one fact in the case that would have caused the judge to decide the outcome of the case differently. In other words, don’t change the law or the analysis, but do change one fact that if it had (hypothetically) occurred in the case, then, the law and analysis applied by the court would have resolved the case differently. Explain. This should be about 1-3 sentences.

this is the name of the book:

·Mallor, Jane; Barnes, James; Bowers, Thomas; Langvardt, Arlen. Business Law (16/e), McGraw-Hill/Irwin, McGraw-Hill Companies, Inc., NY.

please let me know in case you don’t find the book1 attachmentsSlide 1 of 1

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UNFORMATTED ATTACHMENT PREVIEW

CASE BRIEF GUIDELINES It is acceptable to simply reference the case summary in your textbook, and use the case from your textbook to complete your case brief. Generally, however, if you are “assigned” a “case brief” as part of an assessment, then you are “expected” to at least look the case up on the Library’s Nexis Uni resource site, in the fully published format online, either in Nexis Uni (LexisNexis Academic) or find it online, http://caselaw.findlaw.com/. Some students have success finding the actual legal case on a different website. If so, this is acceptable. But, the best method is to use the UMW’s online library: http://libraries.umw.edu/. Then, access “find a database”. Go to “N” and pull up ” Nexis Uni (Lexis Nexis Academic)”. If you are on campus, you should be able to access Nexis Uni without a further password.

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