Please select two different cases covered in the same chapter of the textbook to review for this assignment. For example, you may be interested in contracts and decide to review two cases from Chapter 12 regarding consideration. Please only review cases from the chapters that we are covering in the course. You can refer to the syllabus for the relevant chapters.
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. The assignment is worth 100 points and is due by 11:59 p.m. on Sunday, October 6.
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.
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 and defendant, 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.
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 critically analyze the outcomes of each case and whether you agree with either decision. Why or why not? While the decisions may not be on the exact same topic, were you able to see any similarities in the reasoning sections or in the way the cases were handled procedurally? Please explain.
10. Relevance of cases: Please describe how each case is relevant and applicable to the business environment. Please state at least one reason why Business Law students should read each of these cases. Do you think that one case is more significant for a student to read than another? Please explain.
As far as formatting is concerned, 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.
