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Cjs 251 cjs251 cjs 251 cjs251 forecasting and strategic planning -uopstudy.com
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ULLPTT
A handbook on finding legal cases and statutes for self-representation. Using a sample case, this presentation shows you how to determine the issues in your case, update keywords, find statutes and other laws, and find cases using basic and advanced searching techniques.
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Play a Jeopardy game as a STAAR Review. A fun activity that includes skill review and background knowledge to prep your students for their state assessment. Be sure to edit according to yearly STAAR updates prior to classroom use.
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ULLPTT
A handbook on finding legal cases and statutes for self-representation. Using a sample case, this presentation shows you how to determine the issues in your case, update keywords, find statutes and other laws, and find cases using basic and advanced searching techniques.
Representing! Finding Cases and Statutes Using Free Resources
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For use with "What's Your Story?", a curriculum unit written by A. Groves for the Fulbright-Hays Seminars Abroad Program.
Lesson 5 paragraph writing task
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Arlis Groves
Play a Jeopardy game as a STAAR Review. A fun activity that includes skill review and background knowledge to prep your students for their state assessment. Be sure to edit according to yearly STAAR updates prior to classroom use.
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Case Analysis (Weeks 2 ) · Post a brief case analysis of a listed problem for the week in the corresponding weeks assignment dropbox. The case assignments will be posted by professor in the Announcements each week. In a large class some students may have duplicate cases assigned to other students. · The assignment should consist of a presentable and entertaining presentation (Power Point or other medium) and will be delivered in some form of participative medium (webex/on-site/or alternative as determined by professor) . It should include a summary of the relevant facts, the law, judicial opinion and answer the case questions. All that is necessary for an understanding of the case is important and required. · The report must go beyond the discussion of the problem posed in the textbook, to achieve a superior grade. Do research outside the textbook- this must include research outside the case citation such as the Lexus-Nexis in the DeVry Library or FindLaw.com, do research on the parties and circumstances of the case itself and incorporate some audio-visual modality as a part of the case analysis.something about one of the parties, as well as some background contained in the legal opinion. Doing significant research outside the textbook is essential. · Utilize the case format below. · Your grade comes from the content contained on the actual submission. Case Analysis Format 1. Read and understand the case or question assigned. Show your Analysis and Reasoning and make it clear you understand the material. Be sure to incorporate the concepts of the chapter we are studying to show your reasoning. Dedicate at least one heading to each following outline topic: Parties [Identify the plaintiff and the defendant] Facts [Summarize only those facts critical to the outcome of the case] Procedure [Who brought the appeal? What was the outcome in the lower court(s)?] Issue [Note the central question or questions on which the case turns] Explain the applicable law(s). Use the textbook here. The law should come from the same chapter as the case. Be sure to use citations from the textbook including page numbers. Holding [How did the court resolve the issue(s)? Who won?] Reasoning [Explain the logic that supported the court's decision] 2. Do significant research outside of the book and demonstrate that you have in a very obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area. Show something you have discovered about the case, parties or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case. 3. Dedicate 1 slide to each of the case question(s) immediately following the case, if there are any. Be sure to state and fully answer the questions in the presentation. 4. Quality in terms of substance, form, grammar and context. Be entertaining! Use excellent audio-visual material and backgrounds! 5. Wrap up with ...
Case Analysis (Weeks 2 )· Post a brief case analysis of a listed.docx
Case Analysis (Weeks 2 )· Post a brief case analysis of a listed.docx
wendolynhalbert
Torts This week’s lecture will cover torts. In some ways, torts are similar to crimes. Often, there is a wrong committed, and indeed, many crimes also include the commission of a tort. In fact, a tort also consists of elements each of which must be proven true by a preponderance of the evidence (this means that it is more likely than not that the elements are satisfied). However, as touched upon last week, a tort is a civil action where the plaintiff brings a suit against the defendant. As a civil action, the state is not a party and jail time is never at issue in a tort action. This does not mean that torts are not a controversial issue. The infamous McDonald’s coffee case, where a woman successfully sued McDonald’s for hot coffee spilt in her lap, has become one rallying point for people decrying the excesses of the tort system. And many prominent commentators view tort reform is a serious issue in this country. However, this lecture will mostly avoid addressing these complexities and will instead focus and further explaining what torts are. We will discuss two broad categories of torts: intentional torts and negligence. As we continue, please note that these torts consist of elements. The plaintiff must prove each of these elements in order to be entitled to a judgment. The first type of tort is an intentional tort. These torts require proof on intent. For these purposes, intent means that the defendant intended the consequences of his actions or knew with substantial certainty that certain consequences would follow from the act. Battery is an example of an intentional tort. Battery requires proof of an unexcused, harmful, or offensive touching to the body or something touching the body and intent. Thus, if the defendant pushes the plaintiff, the defendant is liable for battery if the conduct was unexcused and the defendant intended to push the plaintiff or knew that his actions would lead to the plaintiff being pushed. The second type of tort we need to discuss is negligence. Negligence is a very important tort. The elements of the negligence tort are: 1) existence of a duty of care; 2) the breach of this duty; 3) a legally recognized injury; and 4) the breach of the duty must cause the injury. Although this area of law has a significant amount of complexity, the important issue to recognize in relation to negligence is that the law generally imposes a duty to act reasonably. This duty is owed to those who may be foreseeably injured by a failure to act reasonably. For example, a motorist carrying a passenger owes duties to drive reasonably to other motorists and his passenger as these people may be injured if the driver is not paying sufficient attention to the road. Reasonably in this context is an objective standard. It is the answer to the question: how would a reasonable person act in the same circumstances? This tort differs from intentional torts due to the lack of the intent requirement. It does not matter for ...
TortsThis week’s lecture will cover torts.In some ways, torts .docx
TortsThis week’s lecture will cover torts.In some ways, torts .docx
turveycharlyn
Covering criminal law. There is often much publicity given to cases which involve a wrongful conviction or where a guilty party has been allowed to “walk”. However, you should consider that main objective of the U.S. criminal system is to protect the rights of the defendant against those of the larger society. One way this is demonstrated in through the standard of proof in a criminal case which is “beyond a reasonable doubt”. A major issue you should examine here is criminal law applies to business entities and what individuals will be prosecuted for crimes. After all, a corporation cannot be imprisoned. You should also consider that constitutional safeguards may not apply to a corporation in the same manner as an individual person. In addition, this area may involve whistle-blowing which has become an important part of the corporate governance process. The next section involves torts and related concepts. When considering torts, you should carefully examine the different classifications in Chapters Seven and Eight. Similar to criminal law, torts contain elements which must be proven in order to the defendant liable for their actions (or lack thereof). The award or damages that are sought are usually monetary are determined on case-by-case basis. In some situations punitive damages can be pursued. If so, the amount of the judgment can be very large and often these cases generate a great deal of media attention. Most lawsuits involving a tort are settled “out-of-court”. These settlements usually occur right before a scheduled trail and the parties enter into legally binding agreement. Sometimes these are confidential and the defendant (individual or a business) may not actually admit liability. The documents are “sealed” and if either party violates the confidentiality clause it may revoke the agreement. This is sometimes done to protect the image of the plaintiff, the defendant or both. An area of great importance to business is that of product liability. Before the start of the industrial revolution, the doctrine of “caveat emptor” (“buyer beware”) was the expectation of protection that a buyer had when dealing with injuries caused by a defective product. However, as the business world became more complex and mass production became more commonplace, the law began to change and the field of product liability was born. In general, there are two ways for an injured party to seek damages in a product liability case. The first is through the traditional use of proving negligence. This requires providing sufficient evidence that each of the four elements exists: 1) that a duty was owed to the plaintiff; 2) that a breach of this duty by the defendant occurred; 3) that the breach was the proximate cause of the plaintiff’s injuries; and 4) that there was actual injury suffered by the plaintiff. Furthermore, the plaintiff may assert a negligence claim against all parties in the distribution chain (manufacturer, distributors, wholesalers, retailers,.
Covering criminal law. There is often much publicity given to case.docx
Covering criminal law. There is often much publicity given to case.docx
faithxdunce63732
Feedback for 5-2 Milestone Two: Case Study Two Submission Feedback Hi China: Case Study Two: There are four elements of a contract that make it legally binding. Without all four of these elements the contract will not stand in a court of law. The first element is the offer. The offer has a clearly defined time limit and a clear offer. The next element to a contract is acceptance. The offer must be accepted without conditions. The third element of a contract is intention of legal consequences. The final element of a contract is consideration. This means the offer is accepted and something is done in return. Some contracts must be in writing. Here Is a great link to a website that will help you reinforce the elements of a contract. http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2 Prof. McCool Case Study Two: Quasi-Contract: A quasi contract can be difficult to understand. A quasi-contract might seem like a contract existed but it really didn't. Courts do not want individuals to benefit when they really don't deserve it. Because a quasi contract is not a true contract, mutual assent is not necessary, and a court may impose an obligation without regard to the intent of the parties. The remedy is usually restitution. Liability is determined on a case-by-case basis. Here is very interesting link to Cornell Law providing a great example of a quasi contract. https://www.law.cornell.edu/wex/example/%5Bfield_short_title-raw%5D_121 Prof. McCool Case Study Two: Rights and Obligations: Case Study Two: Landlord/ tenant law is studied for a whole semester in law school! The rights and obligations of both the landlord and tenant depend upon the term of their contract. Such a contract may be verbal or in writing under the standard residential lease agreement. Some facts that may support that Sam is in a breach of that contract are that his use of the premises has created a nuisance for surrounding tenants by using his barking dog invention. Also if Sam and his landlord had a previous agreement that his apartment would be used only as a residence and not as a business location then he would be in breach of his contract and could be evicted Case Study Two: Grounds to Evict Sam’s landlord may have grounds to evict because Sam is may be causing a disruption to his fellow neighbors in the apartment building with his barking dog invention. This might be a violation of the covenant to quiet enjoyment. Here is the link that should be very helpful in understanding the right to quiet enjoyment. https://www.landlordology.com/implied-covenant-quiet-enjoyment/ Prof. McCool Case Study Two: Defenses: Defenses are very important if any of these issues come to trial. Some defenses Sam might raise if his landlord tries to evict him include if they had already reached an agreement on him running a business from his apartment. Also when a landlord interferes with a tenant’s use and ...
Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbac
Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbac
alisondakintxt
Feedback for 5-2 Milestone Two: Case Study Two Submission Feedback Hi China: Case Study Two: There are four elements of a contract that make it legally binding. Without all four of these elements the contract will not stand in a court of law. The first element is the offer. The offer has a clearly defined time limit and a clear offer. The next element to a contract is acceptance. The offer must be accepted without conditions. The third element of a contract is intention of legal consequences. The final element of a contract is consideration. This means the offer is accepted and something is done in return. Some contracts must be in writing. Here Is a great link to a website that will help you reinforce the elements of a contract. http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2 Prof. McCool Case Study Two: Quasi-Contract: A quasi contract can be difficult to understand. A quasi-contract might seem like a contract existed but it really didn't. Courts do not want individuals to benefit when they really don't deserve it. Because a quasi contract is not a true contract, mutual assent is not necessary, and a court may impose an obligation without regard to the intent of the parties. The remedy is usually restitution. Liability is determined on a case-by-case basis. Here is very interesting link to Cornell Law providing a great example of a quasi contract. https://www.law.cornell.edu/wex/example/%5Bfield_short_title-raw%5D_121 Prof. McCool Case Study Two: Rights and Obligations: Case Study Two: Landlord/ tenant law is studied for a whole semester in law school! The rights and obligations of both the landlord and tenant depend upon the term of their contract. Such a contract may be verbal or in writing under the standard residential lease agreement. Some facts that may support that Sam is in a breach of that contract are that his use of the premises has created a nuisance for surrounding tenants by using his barking dog invention. Also if Sam and his landlord had a previous agreement that his apartment would be used only as a residence and not as a business location then he would be in breach of his contract and could be evicted Case Study Two: Grounds to Evict Sam’s landlord may have grounds to evict because Sam is may be causing a disruption to his fellow neighbors in the apartment building with his barking dog invention. This might be a violation of the covenant to quiet enjoyment. Here is the link that should be very helpful in understanding the right to quiet enjoyment. https://www.landlordology.com/implied-covenant-quiet-enjoyment/ Prof. McCool Case Study Two: Defenses: Defenses are very important if any of these issues come to trial. Some defenses Sam might raise if his landlord tries to evict him include if they had already reached an agreement on him running a business from his apartment. Also when a landlord interferes with a tenant’s use and ...
Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbac.docx
Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbac.docx
lmelaine
Law first coursework notes: Law each paragraph: 1. Explain legal issue- how to identify the issue 2. Use the related law – can look at which seminar questions are related to coursework 3. Application- explain that why I will use this law, where take the law & the apply to the fact 4. Conclusion 5. Use the referencing is required to give intellectual credit to your source, helps the marker recover your source easily and avoids you being accused of plagiarism. Students must reference sources using the Oxford Standard for the Citation of Legal Authorities (OSCOLA). Details of this should ensure all sources are fully cited in footnotes and in their bibliography in accordance with OSCOLA and that indentation or quotation marks (as appropriate) are used when quoting. Students who fail to include a bibliography will be penalized likewise poor citation of sources will result in a loss of marks. Reference should be made to the primary source, except when the primary source can no longer be obtained. Approaching legal problem questions What is a problem question? A legal problem question/case study describes a fictitious scenario then asks you to advise one or more of the parties in it about their legal rights, or possible liabilities. This is what a solicitor does when advising a client in their office. You are the legal advisor and the party/parties you are asked to advise in the question are your clients. How should you structure your answer to such a question? Only think about this once you have read the problem question carefully (several times) and identified the key facts (e.g. key characters, events, and dates). When you are ready to think about your answer the marker will be expecting you to structure it following the ILAC method. This should result in it having a clear and logical structure enabling the marker to see where you are heading. What does ILAC stand for? Introduction Law Application Conclusion What to put in an Introduction Begin your answer with an introduction. It should tell the marker:- About each legal issue you have identified in the question which your client faces; What area (or areas) of law relate to each issue, Why the issue(s) are significant to your client; and The order in which you plan to deal with each of them in turn. This helps the marker to understand what you are trying to do and they can then follow the structure of your answer more easily. For example, in a problem question on contract formation involving an advertisement made by a shop offering a free gift to anyone who spends over £50 in the store on a particular day, the first issue might be to determine the legal status of the advertisement (is it an offer or an invitation to treat?). Once you have identified each issue, it is useful to explain its significance to the outcome of the problem. Why does it matter? How and why will it affect the ultimate advice/outcome for your client? If there are several issues, you should deal wit ...
Law first coursework notesLaw each paragraph1. Explain.docx
Law first coursework notesLaw each paragraph1. Explain.docx
smile790243
Legal Research and Writing pleg235
Week 3 project portfolio
Week 3 project portfolio
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Brief Texas v. Johnson located on page 166 of your text. Follow the briefing format explained on pages 13-16: citation, facts, rule, issue, holding, reasoning, and criticism. Recall that the facts should include any fact that you think affected the court's decision as well as the main procedural facts. The rule should be the rule as it existed prior to this decision. The issue statement should contain two main components: the rule (label plus definition) and specific facts. After reading the issue, the reader should know exactly why each side thought it had a chance of convincing the court that it should win. The holding should be very specific so that your reader will know the limits that the court placed on its decision. The reasoning section should be as complete as possible so that your reader can fully understand why the court decided as it did. Finally, the criticism section should include a short accounting of what the dissent had to say. Your criticism section should also point out any logical failings or limitations that you found in the majority opinion's thinking. Make sure anyone reading your criticism section can tell when you are giving your own criticism versus when you are simply reporting on what the dissent had to say. The project is due as follows: Part A -- Citation, Facts, and Rule - Week 1 You only have do the citation, facts, and rule!!!!!!! The following pages are the e-text steps you'll hav e to follow to create the case brief. page 13 (3) Briefing court opinions The word brief has several meanings in the legal field. When we refer to briefing a case or to case briefs , we are referring to a written summary of a court opinion. This is to be contrasted with an appellate brief, which is a formal written argument to an appellate court, in which a lawyer argues why that court should affirm or reverse a lower court's decision. (a) Reasons for briefing cases Briefing court opinions serves two purposes. First, and most important, it makes you read the case thoroughly. You have to go back and dig out the essentials, organize them, and state them in your own words. This is necessary for an adequate understanding of the court opinion. Second, it is a form of note taking that provides a condensed record of the most important information about the case you briefed. You can use these case briefs to refresh your memory when preparing for class or studying for exams. (b) Format of a case brief While most case briefs share many common features, there is no single format that is universally accepted within the legal community. Indeed, there are almost as many different briefing styles as there are attorneys writing briefs. What we present here is an approach that we think will help you organize your thoughts and understand the opinion. The case briefing method described here breaks the case down into the following elements: (i) case citation, (ii) facts — both procedural and substantive, (iii) r.
Brief Texas v. Johnson located on page 166 of your text. Follow.docx
Brief Texas v. Johnson located on page 166 of your text. Follow.docx
jackiewalcutt
How to answer for Questions (you have to use HIRAC method) So how do I answer a HIRAC problem question? For each topic, you will be provided with a ‘guide to problem solving’. This ‘checklist’ will assist you to identify the relevant points which you will need to consider when answering the problem questions. When answering legal problem questions generally, it is recommended that you use the HIRAC method. If you are not familiar with the HIRAC method, please read the following explanation so that you can draw upon this method when answering legal problem questions. HIRAC simply stands for Heading, Issue, Rule, Application and Conclusion. That is: H – Heading Identify the major theme as your heading. I – Issue State the legal issue raised. R – Rule Your next sentence will be a statement of the legal rule(s) or principle(s) that applies to the situation. State the principle clearly and concisely in your own words, and indicate the case or legislation that is your primary source of that principle. A – Application Your next sentence should be your application of the law – that is, you apply the legal principle to the facts in the problem. This is where you can draw heavily upon the case law. You could use the following ways to apply the legal rule: • The legislation could be interpreted to mean … which would apply to these facts because … • B would need to argue that … • What B would need to show is … B can show this because …[refer to relevant facts]. • There is not sufficient information, but B would only successful if she could demonstrate that … then … • In the facts given, B has …. This is similar to the facts in A v B where the court concluded that …. • Unless A could demonstrate that … then … • A would not succeed unless … • A would only succeed if … C – Conclusion This last part is where you state your conclusion. That is, what is the result when you’ve applied the legal principle to the facts you’re given? For example, is there a bailment or not, has A breached the relevant legislation, does B have a legal remedy? When doing this, have regard to which (if any) party you have been asked to advise. You could use the following ways to state your conclusion: • It could be argued that… • It is arguable … • I would advise B to argue that … • It would be possible to conclude that … • It is unlikely that … Finally – revise your answer Once you have finished writing your answer, ask yourself the following questions. 1. Did you prepare a plan before you started writing your answer? 2. Did you answer the specific question/s asked by the Problem / assignment? 3. Did you support your answer by referring to the relevant legal principles? 4. Did you support your answer by referring to the correct and most relevant authorities (primary sources – cases and legislation)? NB. There may be case law and statute law that applies to a problem. Which is the most current law? 5. Have you applied the law to the relevant facts gi.
How to answer for Questions (you have to use HIRAC method)So h.docx
How to answer for Questions (you have to use HIRAC method)So h.docx
adampcarr67227
1 How to B rief a Case Prepared for the L egal Studies Program Amer ican Public University System December 2013 Introduction: A case brief is a concise summary of the significance of a case. It is a bit like but with very special rules! It is a time-honored practice used throughout the legal profession and law schools. As a teaching tool, the case brief forces the student to identify and provide a written description of the most important aspects of a case. Legal precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process. and the rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to the study of law. The case brief serves as a very useful vehicle by means of which to analyze and understand judicial decisions. A case brie aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together ed on your understanding of the case. Of cour words can be useful, if used sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least several different methods or models for writing the case brief; these are based on personal preferences. In the Legal Studies Program, however, the format described here will be used for all of the case briefs which you are required to write in your courses. By using this uniform format, you will gain familiarity with the case analysis and brief writing process. opinion, rather than a mere summary. Therefore, the first step in the brief writing process is always to thoroughly read the entire case. This includes reading any concurring and dissenting opinions of members of the court. In this regard, be very sure that you are reading the entire opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is presented at one link, the majority opinion is presented at another link, etc. You need to read all portions of the opinion as all of them are relevant to your analysis of the case. For example, if there are strong dissenting opinions based on key legal points, this could predict what the court might decide in the future on similar issues. 1. Case Name and C itation: As a header on the first page of your brief, you should state citation to the case. (See Bluebook resources in the APUS library for more information about Bluebook format.) It is essential that the reader of your case brief know who initiated the litigation and who appealed. For example, in the sample case brief of the Delahanty case (see accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs (parties who initiated the litigation) and as appellants (parties who sought appellate review of the 2 legal reporter in which the opinion is found, the volume and page on which the case appears, and the year in which the case was decided. 2. Facts ...
1 How to B rief a Case Prepared for the L eg
1 How to B rief a Case Prepared for the L eg
TatianaMajor22
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1 How to B rief a Case Prepared for the L eg.docx
1 How to B rief a Case Prepared for the L eg.docx
Abhinav816839
Case Analysis · Post a brief case analysis of a listed problem for the week in the corresponding weeks assignment dropbox. The case assignments will be posted by professor in the Announcements each week. In a large class some students may have duplicate cases assigned to other students. · The assignment should consist of a presentable and entertaining presentation (Power Point or other medium) and will be delivered in some form of participative medium (webex/on-site/or alternative as determined by professor) . It should include a summary of the relevant facts, the law, judicial opinion and answer the case questions. All that is necessary for an understanding of the case is important and required. · The report must go beyond the discussion of the problem posed in the textbook, to achieve a superior grade. Do research outside the textbook- this must include research outside the case citation such as the Lexus-Nexis in the DeVry Library or FindLaw.com, do research on the parties and circumstances of the case itself and incorporate some audio-visual modality as a part of the case analysis.something about one of the parties, as well as some background contained in the legal opinion. Doing significant research outside the textbook is essential. · Utilize the case format below. · Your grade comes from the content contained on the actual submission. Case Analysis Format 1. Read and understand the case or question assigned. Show your Analysis and Reasoning and make it clear you understand the material. Be sure to incorporate the concepts of the chapter we are studying to show your reasoning. Dedicate at least one heading to each following outline topic: Parties [Identify the plaintiff and the defendant] Facts [Summarize only those facts critical to the outcome of the case] Procedure [Who brought the appeal? What was the outcome in the lower court(s)?] Issue [Note the central question or questions on which the case turns] Explain the applicable law(s). Use the textbook here. The law should come from the same chapter as the case. Be sure to use citations from the textbook including page numbers. Holding [How did the court resolve the issue(s)? Who won?] Reasoning [Explain the logic that supported the court's decision] 2. Do significant research outside of the book and demonstrate that you have in a very obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area. Show something you have discovered about the case, parties or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case. 3. Dedicate 1 slide to each of the case question(s) immediately following the case, if there are any. Be sure to state and fully answer the questions in the presentation. 4. Quality in terms of substance, form, grammar and context. Be entertaining! Use excellent audio-visual material and backgrounds! 5. Wrap up with a Conclusi ...
Case Analysis · Post a brief case analysis of a listed problem f.docx
Case Analysis · Post a brief case analysis of a listed problem f.docx
wendolynhalbert
Full download : https://goo.gl/D9sL1B Forensic Accounting and Fraud Examination 2nd Edition Hopwood Solutions Manual
Forensic Accounting and Fraud Examination 2nd Edition Hopwood Solutions Manual
Forensic Accounting and Fraud Examination 2nd Edition Hopwood Solutions Manual
Daquansa
Judicial Opinions Overview: After the simulation, justices write judicial opinions in reaction to the oral argument, merits briefs, conference, and draft opinions as well as the facts of the case, Constitution, and case law. Justices circulate drafts so they know how their colleagues plan to rule and why, and so they can respond to one another in their final judicial opinion draft. Instructions: You are a Supreme Court justice preparing an opinion for announcement. Read the case materials: case hypothetical, merits briefs, and judicial opinion drafts of your colleagues, and review your notes from oral argument and conference. Write a majority opinion resolving the major legal question in light of the facts of the case, Constitution, and case law, as well as all case materials: merits briefs, oral argument, and the views of your colleagues (in conference and draft opinions). Opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions). Opinions should contain the following five elements, in the following order: 1. an introductory statement of the nature, procedural posture, and prior result of the case; 2. a statement of the issues to be decided; 3. a statement of the material facts; 4. a discussion of the governing legal principles and resolution of the issues; and 5. the disposition and necessary instructions. Each of these is developed further below. Assessment: Complete opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions). Strong opinions will be well organized, logically argued, and well supported through reference to and explanation of Supreme Court decisions and legal principles. Assessment rests on how well you make use of, identify, and explain relevant course material. It also rests on staying in character and not diverging from your justice’s political ideology and/or judicial philosophy. Introduction The purpose of the Introduction is to orient the reader to the case. It should state briefly what the case is about, the legal subject matter, and the result. It may also cover some or all of the following: 1. The parties: The parties should be identified, if not in the Introduction, then early in the opinion, preferably by name, and names should be used consistently throughout. (The use of legal descriptions, such as “appellant” and “appellee,” tends to be confusing, especially in multi-party cases.) 2. The procedural and jurisdictional status: relevant prior proceedings, and how the case got before the court should be outlined. Statement of issues The statement of issues is the cornerstone of the opinion; how the issues are formulated determines which facts are material and what legal principles govern. Judges should not be bound by the attorneys’.
Judicial OpinionsOverview After the simulation, justices writ.docx
Judicial OpinionsOverview After the simulation, justices writ.docx
SusanaFurman449
STUDENT BRIEFS A comprehensive brief will include following elements: 1. Title and Citation
A COMPREHENSIVE BRIEF / TUTORIALOUTLET DOT COM
A COMPREHENSIVE BRIEF / TUTORIALOUTLET DOT COM
albert0081
Not Using CALR Technology: Ethical and Liability RisksIs there an obligatio...
Not Using CALR Technology: Ethical and Liability RisksIs there an obligatio...
Professor Jon Cavicchi, UNH School of Law
View the video below, which provides some factors that should be considered in capital budgeting considerations. Imagine the producers of this video ask you to appear in the video to offer two additional considerations in capital budgeting decisions. One consideration must be quantitative (numeric). The other must be qualitative (non-numeric). Write a script to describe capital budgeting considerations that you think are important for managers to consider. Your script should be 250 words. How to answer for Questions (you have to use HIRAC method) So how do I answer a HIRAC problem question? For each topic, you will be provided with a ‘guide to problem solving’. This ‘checklist’ will assist you to identify the relevant points which you will need to consider when answering the problem questions. When answering legal problem questions generally, it is recommended that you use the HIRAC method. If you are not familiar with the HIRAC method, please read the following explanation so that you can draw upon this method when answering legal problem questions. HIRAC simply stands for Heading, Issue, Rule, Application and Conclusion. That is: H – Heading Identify the major theme as your heading. I – Issue State the legal issue raised. R – Rule Your next sentence will be a statement of the legal rule(s) or principle(s) that applies to the situation. State the principle clearly and concisely in your own words, and indicate the case or legislation that is your primary source of that principle. A – Application Your next sentence should be your application of the law – that is, you apply the legal principle to the facts in the problem. This is where you can draw heavily upon the case law. You could use the following ways to apply the legal rule: • The legislation could be interpreted to mean … which would apply to these facts because … • B would need to argue that … • What B would need to show is … B can show this because …[refer to relevant facts]. • There is not sufficient information, but B would only successful if she could demonstrate that … then … • In the facts given, B has …. This is similar to the facts in A v B where the court concluded that …. • Unless A could demonstrate that … then … • A would not succeed unless … • A would only succeed if … C – Conclusion This last part is where you state your conclusion. That is, what is the result when you’ve applied the legal principle to the facts you’re given? For example, is there a bailment or not, has A breached the relevant legislation, does B have a legal remedy? When doing this, have regard to which (if any) party you have been asked to advise. You could use the following ways to state your conclusion: • It could be argued that… • It is arguable … • I would advise B to argue that … • It would be possible to conclude that … • It is unlikely that … Finally – revise your answer Once you have finished writing your answer, ask yourself the following questions. 1. Did you p ...
View the video below, which provides some factors that should be c.docx
View the video below, which provides some factors that should be c.docx
dickonsondorris
Bus Law Chap 1 Powerpoint Presentation
Bus Law Chap 1 Powerpoint Presentation
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How Trauma and and Chronic Stress Alter Brain Function
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Case Analysis (Weeks 2 ) · Post a brief case analysis of a listed problem for the week in the corresponding weeks assignment dropbox. The case assignments will be posted by professor in the Announcements each week. In a large class some students may have duplicate cases assigned to other students. · The assignment should consist of a presentable and entertaining presentation (Power Point or other medium) and will be delivered in some form of participative medium (webex/on-site/or alternative as determined by professor) . It should include a summary of the relevant facts, the law, judicial opinion and answer the case questions. All that is necessary for an understanding of the case is important and required. · The report must go beyond the discussion of the problem posed in the textbook, to achieve a superior grade. Do research outside the textbook- this must include research outside the case citation such as the Lexus-Nexis in the DeVry Library or FindLaw.com, do research on the parties and circumstances of the case itself and incorporate some audio-visual modality as a part of the case analysis.something about one of the parties, as well as some background contained in the legal opinion. Doing significant research outside the textbook is essential. · Utilize the case format below. · Your grade comes from the content contained on the actual submission. Case Analysis Format 1. Read and understand the case or question assigned. Show your Analysis and Reasoning and make it clear you understand the material. Be sure to incorporate the concepts of the chapter we are studying to show your reasoning. Dedicate at least one heading to each following outline topic: Parties [Identify the plaintiff and the defendant] Facts [Summarize only those facts critical to the outcome of the case] Procedure [Who brought the appeal? What was the outcome in the lower court(s)?] Issue [Note the central question or questions on which the case turns] Explain the applicable law(s). Use the textbook here. The law should come from the same chapter as the case. Be sure to use citations from the textbook including page numbers. Holding [How did the court resolve the issue(s)? Who won?] Reasoning [Explain the logic that supported the court's decision] 2. Do significant research outside of the book and demonstrate that you have in a very obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area. Show something you have discovered about the case, parties or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case. 3. Dedicate 1 slide to each of the case question(s) immediately following the case, if there are any. Be sure to state and fully answer the questions in the presentation. 4. Quality in terms of substance, form, grammar and context. Be entertaining! Use excellent audio-visual material and backgrounds! 5. Wrap up with ...
Case Analysis (Weeks 2 )· Post a brief case analysis of a listed.docx
Case Analysis (Weeks 2 )· Post a brief case analysis of a listed.docx
wendolynhalbert
Torts This week’s lecture will cover torts. In some ways, torts are similar to crimes. Often, there is a wrong committed, and indeed, many crimes also include the commission of a tort. In fact, a tort also consists of elements each of which must be proven true by a preponderance of the evidence (this means that it is more likely than not that the elements are satisfied). However, as touched upon last week, a tort is a civil action where the plaintiff brings a suit against the defendant. As a civil action, the state is not a party and jail time is never at issue in a tort action. This does not mean that torts are not a controversial issue. The infamous McDonald’s coffee case, where a woman successfully sued McDonald’s for hot coffee spilt in her lap, has become one rallying point for people decrying the excesses of the tort system. And many prominent commentators view tort reform is a serious issue in this country. However, this lecture will mostly avoid addressing these complexities and will instead focus and further explaining what torts are. We will discuss two broad categories of torts: intentional torts and negligence. As we continue, please note that these torts consist of elements. The plaintiff must prove each of these elements in order to be entitled to a judgment. The first type of tort is an intentional tort. These torts require proof on intent. For these purposes, intent means that the defendant intended the consequences of his actions or knew with substantial certainty that certain consequences would follow from the act. Battery is an example of an intentional tort. Battery requires proof of an unexcused, harmful, or offensive touching to the body or something touching the body and intent. Thus, if the defendant pushes the plaintiff, the defendant is liable for battery if the conduct was unexcused and the defendant intended to push the plaintiff or knew that his actions would lead to the plaintiff being pushed. The second type of tort we need to discuss is negligence. Negligence is a very important tort. The elements of the negligence tort are: 1) existence of a duty of care; 2) the breach of this duty; 3) a legally recognized injury; and 4) the breach of the duty must cause the injury. Although this area of law has a significant amount of complexity, the important issue to recognize in relation to negligence is that the law generally imposes a duty to act reasonably. This duty is owed to those who may be foreseeably injured by a failure to act reasonably. For example, a motorist carrying a passenger owes duties to drive reasonably to other motorists and his passenger as these people may be injured if the driver is not paying sufficient attention to the road. Reasonably in this context is an objective standard. It is the answer to the question: how would a reasonable person act in the same circumstances? This tort differs from intentional torts due to the lack of the intent requirement. It does not matter for ...
TortsThis week’s lecture will cover torts.In some ways, torts .docx
TortsThis week’s lecture will cover torts.In some ways, torts .docx
turveycharlyn
Covering criminal law. There is often much publicity given to cases which involve a wrongful conviction or where a guilty party has been allowed to “walk”. However, you should consider that main objective of the U.S. criminal system is to protect the rights of the defendant against those of the larger society. One way this is demonstrated in through the standard of proof in a criminal case which is “beyond a reasonable doubt”. A major issue you should examine here is criminal law applies to business entities and what individuals will be prosecuted for crimes. After all, a corporation cannot be imprisoned. You should also consider that constitutional safeguards may not apply to a corporation in the same manner as an individual person. In addition, this area may involve whistle-blowing which has become an important part of the corporate governance process. The next section involves torts and related concepts. When considering torts, you should carefully examine the different classifications in Chapters Seven and Eight. Similar to criminal law, torts contain elements which must be proven in order to the defendant liable for their actions (or lack thereof). The award or damages that are sought are usually monetary are determined on case-by-case basis. In some situations punitive damages can be pursued. If so, the amount of the judgment can be very large and often these cases generate a great deal of media attention. Most lawsuits involving a tort are settled “out-of-court”. These settlements usually occur right before a scheduled trail and the parties enter into legally binding agreement. Sometimes these are confidential and the defendant (individual or a business) may not actually admit liability. The documents are “sealed” and if either party violates the confidentiality clause it may revoke the agreement. This is sometimes done to protect the image of the plaintiff, the defendant or both. An area of great importance to business is that of product liability. Before the start of the industrial revolution, the doctrine of “caveat emptor” (“buyer beware”) was the expectation of protection that a buyer had when dealing with injuries caused by a defective product. However, as the business world became more complex and mass production became more commonplace, the law began to change and the field of product liability was born. In general, there are two ways for an injured party to seek damages in a product liability case. The first is through the traditional use of proving negligence. This requires providing sufficient evidence that each of the four elements exists: 1) that a duty was owed to the plaintiff; 2) that a breach of this duty by the defendant occurred; 3) that the breach was the proximate cause of the plaintiff’s injuries; and 4) that there was actual injury suffered by the plaintiff. Furthermore, the plaintiff may assert a negligence claim against all parties in the distribution chain (manufacturer, distributors, wholesalers, retailers,.
Covering criminal law. There is often much publicity given to case.docx
Covering criminal law. There is often much publicity given to case.docx
faithxdunce63732
Feedback for 5-2 Milestone Two: Case Study Two Submission Feedback Hi China: Case Study Two: There are four elements of a contract that make it legally binding. Without all four of these elements the contract will not stand in a court of law. The first element is the offer. The offer has a clearly defined time limit and a clear offer. The next element to a contract is acceptance. The offer must be accepted without conditions. The third element of a contract is intention of legal consequences. The final element of a contract is consideration. This means the offer is accepted and something is done in return. Some contracts must be in writing. Here Is a great link to a website that will help you reinforce the elements of a contract. http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2 Prof. McCool Case Study Two: Quasi-Contract: A quasi contract can be difficult to understand. A quasi-contract might seem like a contract existed but it really didn't. Courts do not want individuals to benefit when they really don't deserve it. Because a quasi contract is not a true contract, mutual assent is not necessary, and a court may impose an obligation without regard to the intent of the parties. The remedy is usually restitution. Liability is determined on a case-by-case basis. Here is very interesting link to Cornell Law providing a great example of a quasi contract. https://www.law.cornell.edu/wex/example/%5Bfield_short_title-raw%5D_121 Prof. McCool Case Study Two: Rights and Obligations: Case Study Two: Landlord/ tenant law is studied for a whole semester in law school! The rights and obligations of both the landlord and tenant depend upon the term of their contract. Such a contract may be verbal or in writing under the standard residential lease agreement. Some facts that may support that Sam is in a breach of that contract are that his use of the premises has created a nuisance for surrounding tenants by using his barking dog invention. Also if Sam and his landlord had a previous agreement that his apartment would be used only as a residence and not as a business location then he would be in breach of his contract and could be evicted Case Study Two: Grounds to Evict Sam’s landlord may have grounds to evict because Sam is may be causing a disruption to his fellow neighbors in the apartment building with his barking dog invention. This might be a violation of the covenant to quiet enjoyment. Here is the link that should be very helpful in understanding the right to quiet enjoyment. https://www.landlordology.com/implied-covenant-quiet-enjoyment/ Prof. McCool Case Study Two: Defenses: Defenses are very important if any of these issues come to trial. Some defenses Sam might raise if his landlord tries to evict him include if they had already reached an agreement on him running a business from his apartment. Also when a landlord interferes with a tenant’s use and ...
Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbac
Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbac
alisondakintxt
Feedback for 5-2 Milestone Two: Case Study Two Submission Feedback Hi China: Case Study Two: There are four elements of a contract that make it legally binding. Without all four of these elements the contract will not stand in a court of law. The first element is the offer. The offer has a clearly defined time limit and a clear offer. The next element to a contract is acceptance. The offer must be accepted without conditions. The third element of a contract is intention of legal consequences. The final element of a contract is consideration. This means the offer is accepted and something is done in return. Some contracts must be in writing. Here Is a great link to a website that will help you reinforce the elements of a contract. http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2 Prof. McCool Case Study Two: Quasi-Contract: A quasi contract can be difficult to understand. A quasi-contract might seem like a contract existed but it really didn't. Courts do not want individuals to benefit when they really don't deserve it. Because a quasi contract is not a true contract, mutual assent is not necessary, and a court may impose an obligation without regard to the intent of the parties. The remedy is usually restitution. Liability is determined on a case-by-case basis. Here is very interesting link to Cornell Law providing a great example of a quasi contract. https://www.law.cornell.edu/wex/example/%5Bfield_short_title-raw%5D_121 Prof. McCool Case Study Two: Rights and Obligations: Case Study Two: Landlord/ tenant law is studied for a whole semester in law school! The rights and obligations of both the landlord and tenant depend upon the term of their contract. Such a contract may be verbal or in writing under the standard residential lease agreement. Some facts that may support that Sam is in a breach of that contract are that his use of the premises has created a nuisance for surrounding tenants by using his barking dog invention. Also if Sam and his landlord had a previous agreement that his apartment would be used only as a residence and not as a business location then he would be in breach of his contract and could be evicted Case Study Two: Grounds to Evict Sam’s landlord may have grounds to evict because Sam is may be causing a disruption to his fellow neighbors in the apartment building with his barking dog invention. This might be a violation of the covenant to quiet enjoyment. Here is the link that should be very helpful in understanding the right to quiet enjoyment. https://www.landlordology.com/implied-covenant-quiet-enjoyment/ Prof. McCool Case Study Two: Defenses: Defenses are very important if any of these issues come to trial. Some defenses Sam might raise if his landlord tries to evict him include if they had already reached an agreement on him running a business from his apartment. Also when a landlord interferes with a tenant’s use and ...
Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbac.docx
Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbac.docx
lmelaine
Law first coursework notes: Law each paragraph: 1. Explain legal issue- how to identify the issue 2. Use the related law – can look at which seminar questions are related to coursework 3. Application- explain that why I will use this law, where take the law & the apply to the fact 4. Conclusion 5. Use the referencing is required to give intellectual credit to your source, helps the marker recover your source easily and avoids you being accused of plagiarism. Students must reference sources using the Oxford Standard for the Citation of Legal Authorities (OSCOLA). Details of this should ensure all sources are fully cited in footnotes and in their bibliography in accordance with OSCOLA and that indentation or quotation marks (as appropriate) are used when quoting. Students who fail to include a bibliography will be penalized likewise poor citation of sources will result in a loss of marks. Reference should be made to the primary source, except when the primary source can no longer be obtained. Approaching legal problem questions What is a problem question? A legal problem question/case study describes a fictitious scenario then asks you to advise one or more of the parties in it about their legal rights, or possible liabilities. This is what a solicitor does when advising a client in their office. You are the legal advisor and the party/parties you are asked to advise in the question are your clients. How should you structure your answer to such a question? Only think about this once you have read the problem question carefully (several times) and identified the key facts (e.g. key characters, events, and dates). When you are ready to think about your answer the marker will be expecting you to structure it following the ILAC method. This should result in it having a clear and logical structure enabling the marker to see where you are heading. What does ILAC stand for? Introduction Law Application Conclusion What to put in an Introduction Begin your answer with an introduction. It should tell the marker:- About each legal issue you have identified in the question which your client faces; What area (or areas) of law relate to each issue, Why the issue(s) are significant to your client; and The order in which you plan to deal with each of them in turn. This helps the marker to understand what you are trying to do and they can then follow the structure of your answer more easily. For example, in a problem question on contract formation involving an advertisement made by a shop offering a free gift to anyone who spends over £50 in the store on a particular day, the first issue might be to determine the legal status of the advertisement (is it an offer or an invitation to treat?). Once you have identified each issue, it is useful to explain its significance to the outcome of the problem. Why does it matter? How and why will it affect the ultimate advice/outcome for your client? If there are several issues, you should deal wit ...
Law first coursework notesLaw each paragraph1. Explain.docx
Law first coursework notesLaw each paragraph1. Explain.docx
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Brief Texas v. Johnson located on page 166 of your text. Follow the briefing format explained on pages 13-16: citation, facts, rule, issue, holding, reasoning, and criticism. Recall that the facts should include any fact that you think affected the court's decision as well as the main procedural facts. The rule should be the rule as it existed prior to this decision. The issue statement should contain two main components: the rule (label plus definition) and specific facts. After reading the issue, the reader should know exactly why each side thought it had a chance of convincing the court that it should win. The holding should be very specific so that your reader will know the limits that the court placed on its decision. The reasoning section should be as complete as possible so that your reader can fully understand why the court decided as it did. Finally, the criticism section should include a short accounting of what the dissent had to say. Your criticism section should also point out any logical failings or limitations that you found in the majority opinion's thinking. Make sure anyone reading your criticism section can tell when you are giving your own criticism versus when you are simply reporting on what the dissent had to say. The project is due as follows: Part A -- Citation, Facts, and Rule - Week 1 You only have do the citation, facts, and rule!!!!!!! The following pages are the e-text steps you'll hav e to follow to create the case brief. page 13 (3) Briefing court opinions The word brief has several meanings in the legal field. When we refer to briefing a case or to case briefs , we are referring to a written summary of a court opinion. This is to be contrasted with an appellate brief, which is a formal written argument to an appellate court, in which a lawyer argues why that court should affirm or reverse a lower court's decision. (a) Reasons for briefing cases Briefing court opinions serves two purposes. First, and most important, it makes you read the case thoroughly. You have to go back and dig out the essentials, organize them, and state them in your own words. This is necessary for an adequate understanding of the court opinion. Second, it is a form of note taking that provides a condensed record of the most important information about the case you briefed. You can use these case briefs to refresh your memory when preparing for class or studying for exams. (b) Format of a case brief While most case briefs share many common features, there is no single format that is universally accepted within the legal community. Indeed, there are almost as many different briefing styles as there are attorneys writing briefs. What we present here is an approach that we think will help you organize your thoughts and understand the opinion. The case briefing method described here breaks the case down into the following elements: (i) case citation, (ii) facts — both procedural and substantive, (iii) r.
Brief Texas v. Johnson located on page 166 of your text. Follow.docx
Brief Texas v. Johnson located on page 166 of your text. Follow.docx
jackiewalcutt
How to answer for Questions (you have to use HIRAC method) So how do I answer a HIRAC problem question? For each topic, you will be provided with a ‘guide to problem solving’. This ‘checklist’ will assist you to identify the relevant points which you will need to consider when answering the problem questions. When answering legal problem questions generally, it is recommended that you use the HIRAC method. If you are not familiar with the HIRAC method, please read the following explanation so that you can draw upon this method when answering legal problem questions. HIRAC simply stands for Heading, Issue, Rule, Application and Conclusion. That is: H – Heading Identify the major theme as your heading. I – Issue State the legal issue raised. R – Rule Your next sentence will be a statement of the legal rule(s) or principle(s) that applies to the situation. State the principle clearly and concisely in your own words, and indicate the case or legislation that is your primary source of that principle. A – Application Your next sentence should be your application of the law – that is, you apply the legal principle to the facts in the problem. This is where you can draw heavily upon the case law. You could use the following ways to apply the legal rule: • The legislation could be interpreted to mean … which would apply to these facts because … • B would need to argue that … • What B would need to show is … B can show this because …[refer to relevant facts]. • There is not sufficient information, but B would only successful if she could demonstrate that … then … • In the facts given, B has …. This is similar to the facts in A v B where the court concluded that …. • Unless A could demonstrate that … then … • A would not succeed unless … • A would only succeed if … C – Conclusion This last part is where you state your conclusion. That is, what is the result when you’ve applied the legal principle to the facts you’re given? For example, is there a bailment or not, has A breached the relevant legislation, does B have a legal remedy? When doing this, have regard to which (if any) party you have been asked to advise. You could use the following ways to state your conclusion: • It could be argued that… • It is arguable … • I would advise B to argue that … • It would be possible to conclude that … • It is unlikely that … Finally – revise your answer Once you have finished writing your answer, ask yourself the following questions. 1. Did you prepare a plan before you started writing your answer? 2. Did you answer the specific question/s asked by the Problem / assignment? 3. Did you support your answer by referring to the relevant legal principles? 4. Did you support your answer by referring to the correct and most relevant authorities (primary sources – cases and legislation)? NB. There may be case law and statute law that applies to a problem. Which is the most current law? 5. Have you applied the law to the relevant facts gi.
How to answer for Questions (you have to use HIRAC method)So h.docx
How to answer for Questions (you have to use HIRAC method)So h.docx
adampcarr67227
1 How to B rief a Case Prepared for the L egal Studies Program Amer ican Public University System December 2013 Introduction: A case brief is a concise summary of the significance of a case. It is a bit like but with very special rules! It is a time-honored practice used throughout the legal profession and law schools. As a teaching tool, the case brief forces the student to identify and provide a written description of the most important aspects of a case. Legal precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process. and the rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to the study of law. The case brief serves as a very useful vehicle by means of which to analyze and understand judicial decisions. A case brie aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together ed on your understanding of the case. Of cour words can be useful, if used sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least several different methods or models for writing the case brief; these are based on personal preferences. In the Legal Studies Program, however, the format described here will be used for all of the case briefs which you are required to write in your courses. By using this uniform format, you will gain familiarity with the case analysis and brief writing process. opinion, rather than a mere summary. Therefore, the first step in the brief writing process is always to thoroughly read the entire case. This includes reading any concurring and dissenting opinions of members of the court. In this regard, be very sure that you are reading the entire opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is presented at one link, the majority opinion is presented at another link, etc. You need to read all portions of the opinion as all of them are relevant to your analysis of the case. For example, if there are strong dissenting opinions based on key legal points, this could predict what the court might decide in the future on similar issues. 1. Case Name and C itation: As a header on the first page of your brief, you should state citation to the case. (See Bluebook resources in the APUS library for more information about Bluebook format.) It is essential that the reader of your case brief know who initiated the litigation and who appealed. For example, in the sample case brief of the Delahanty case (see accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs (parties who initiated the litigation) and as appellants (parties who sought appellate review of the 2 legal reporter in which the opinion is found, the volume and page on which the case appears, and the year in which the case was decided. 2. Facts ...
1 How to B rief a Case Prepared for the L eg
1 How to B rief a Case Prepared for the L eg
TatianaMajor22
1 How to B rief a Case Prepared for the L eg.docx
1 How to B rief a Case Prepared for the L eg.docx
1 How to B rief a Case Prepared for the L eg.docx
Abhinav816839
Case Analysis · Post a brief case analysis of a listed problem for the week in the corresponding weeks assignment dropbox. The case assignments will be posted by professor in the Announcements each week. In a large class some students may have duplicate cases assigned to other students. · The assignment should consist of a presentable and entertaining presentation (Power Point or other medium) and will be delivered in some form of participative medium (webex/on-site/or alternative as determined by professor) . It should include a summary of the relevant facts, the law, judicial opinion and answer the case questions. All that is necessary for an understanding of the case is important and required. · The report must go beyond the discussion of the problem posed in the textbook, to achieve a superior grade. Do research outside the textbook- this must include research outside the case citation such as the Lexus-Nexis in the DeVry Library or FindLaw.com, do research on the parties and circumstances of the case itself and incorporate some audio-visual modality as a part of the case analysis.something about one of the parties, as well as some background contained in the legal opinion. Doing significant research outside the textbook is essential. · Utilize the case format below. · Your grade comes from the content contained on the actual submission. Case Analysis Format 1. Read and understand the case or question assigned. Show your Analysis and Reasoning and make it clear you understand the material. Be sure to incorporate the concepts of the chapter we are studying to show your reasoning. Dedicate at least one heading to each following outline topic: Parties [Identify the plaintiff and the defendant] Facts [Summarize only those facts critical to the outcome of the case] Procedure [Who brought the appeal? What was the outcome in the lower court(s)?] Issue [Note the central question or questions on which the case turns] Explain the applicable law(s). Use the textbook here. The law should come from the same chapter as the case. Be sure to use citations from the textbook including page numbers. Holding [How did the court resolve the issue(s)? Who won?] Reasoning [Explain the logic that supported the court's decision] 2. Do significant research outside of the book and demonstrate that you have in a very obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area. Show something you have discovered about the case, parties or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case. 3. Dedicate 1 slide to each of the case question(s) immediately following the case, if there are any. Be sure to state and fully answer the questions in the presentation. 4. Quality in terms of substance, form, grammar and context. Be entertaining! Use excellent audio-visual material and backgrounds! 5. Wrap up with a Conclusi ...
Case Analysis · Post a brief case analysis of a listed problem f.docx
Case Analysis · Post a brief case analysis of a listed problem f.docx
wendolynhalbert
Full download : https://goo.gl/D9sL1B Forensic Accounting and Fraud Examination 2nd Edition Hopwood Solutions Manual
Forensic Accounting and Fraud Examination 2nd Edition Hopwood Solutions Manual
Forensic Accounting and Fraud Examination 2nd Edition Hopwood Solutions Manual
Daquansa
Judicial Opinions Overview: After the simulation, justices write judicial opinions in reaction to the oral argument, merits briefs, conference, and draft opinions as well as the facts of the case, Constitution, and case law. Justices circulate drafts so they know how their colleagues plan to rule and why, and so they can respond to one another in their final judicial opinion draft. Instructions: You are a Supreme Court justice preparing an opinion for announcement. Read the case materials: case hypothetical, merits briefs, and judicial opinion drafts of your colleagues, and review your notes from oral argument and conference. Write a majority opinion resolving the major legal question in light of the facts of the case, Constitution, and case law, as well as all case materials: merits briefs, oral argument, and the views of your colleagues (in conference and draft opinions). Opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions). Opinions should contain the following five elements, in the following order: 1. an introductory statement of the nature, procedural posture, and prior result of the case; 2. a statement of the issues to be decided; 3. a statement of the material facts; 4. a discussion of the governing legal principles and resolution of the issues; and 5. the disposition and necessary instructions. Each of these is developed further below. Assessment: Complete opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions). Strong opinions will be well organized, logically argued, and well supported through reference to and explanation of Supreme Court decisions and legal principles. Assessment rests on how well you make use of, identify, and explain relevant course material. It also rests on staying in character and not diverging from your justice’s political ideology and/or judicial philosophy. Introduction The purpose of the Introduction is to orient the reader to the case. It should state briefly what the case is about, the legal subject matter, and the result. It may also cover some or all of the following: 1. The parties: The parties should be identified, if not in the Introduction, then early in the opinion, preferably by name, and names should be used consistently throughout. (The use of legal descriptions, such as “appellant” and “appellee,” tends to be confusing, especially in multi-party cases.) 2. The procedural and jurisdictional status: relevant prior proceedings, and how the case got before the court should be outlined. Statement of issues The statement of issues is the cornerstone of the opinion; how the issues are formulated determines which facts are material and what legal principles govern. Judges should not be bound by the attorneys’.
Judicial OpinionsOverview After the simulation, justices writ.docx
Judicial OpinionsOverview After the simulation, justices writ.docx
SusanaFurman449
STUDENT BRIEFS A comprehensive brief will include following elements: 1. Title and Citation
A COMPREHENSIVE BRIEF / TUTORIALOUTLET DOT COM
A COMPREHENSIVE BRIEF / TUTORIALOUTLET DOT COM
albert0081
Not Using CALR Technology: Ethical and Liability RisksIs there an obligatio...
Not Using CALR Technology: Ethical and Liability RisksIs there an obligatio...
Professor Jon Cavicchi, UNH School of Law
View the video below, which provides some factors that should be considered in capital budgeting considerations. Imagine the producers of this video ask you to appear in the video to offer two additional considerations in capital budgeting decisions. One consideration must be quantitative (numeric). The other must be qualitative (non-numeric). Write a script to describe capital budgeting considerations that you think are important for managers to consider. Your script should be 250 words. How to answer for Questions (you have to use HIRAC method) So how do I answer a HIRAC problem question? For each topic, you will be provided with a ‘guide to problem solving’. This ‘checklist’ will assist you to identify the relevant points which you will need to consider when answering the problem questions. When answering legal problem questions generally, it is recommended that you use the HIRAC method. If you are not familiar with the HIRAC method, please read the following explanation so that you can draw upon this method when answering legal problem questions. HIRAC simply stands for Heading, Issue, Rule, Application and Conclusion. That is: H – Heading Identify the major theme as your heading. I – Issue State the legal issue raised. R – Rule Your next sentence will be a statement of the legal rule(s) or principle(s) that applies to the situation. State the principle clearly and concisely in your own words, and indicate the case or legislation that is your primary source of that principle. A – Application Your next sentence should be your application of the law – that is, you apply the legal principle to the facts in the problem. This is where you can draw heavily upon the case law. You could use the following ways to apply the legal rule: • The legislation could be interpreted to mean … which would apply to these facts because … • B would need to argue that … • What B would need to show is … B can show this because …[refer to relevant facts]. • There is not sufficient information, but B would only successful if she could demonstrate that … then … • In the facts given, B has …. This is similar to the facts in A v B where the court concluded that …. • Unless A could demonstrate that … then … • A would not succeed unless … • A would only succeed if … C – Conclusion This last part is where you state your conclusion. That is, what is the result when you’ve applied the legal principle to the facts you’re given? For example, is there a bailment or not, has A breached the relevant legislation, does B have a legal remedy? When doing this, have regard to which (if any) party you have been asked to advise. You could use the following ways to state your conclusion: • It could be argued that… • It is arguable … • I would advise B to argue that … • It would be possible to conclude that … • It is unlikely that … Finally – revise your answer Once you have finished writing your answer, ask yourself the following questions. 1. Did you p ...
View the video below, which provides some factors that should be c.docx
View the video below, which provides some factors that should be c.docx
dickonsondorris
Bus Law Chap 1 Powerpoint Presentation
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Case Analysis (Weeks 2 )· Post a brief case analysis of a listed.docx
Case Analysis (Weeks 2 )· Post a brief case analysis of a listed.docx
TortsThis week’s lecture will cover torts.In some ways, torts .docx
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Brief Texas v. Johnson located on page 166 of your text. Follow.docx
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1 How to B rief a Case Prepared for the L eg
1 How to B rief a Case Prepared for the L eg
1 How to B rief a Case Prepared for the L eg.docx
1 How to B rief a Case Prepared for the L eg.docx
Case Analysis · Post a brief case analysis of a listed problem f.docx
Case Analysis · Post a brief case analysis of a listed problem f.docx
Forensic Accounting and Fraud Examination 2nd Edition Hopwood Solutions Manual
Forensic Accounting and Fraud Examination 2nd Edition Hopwood Solutions Manual
Judicial OpinionsOverview After the simulation, justices writ.docx
Judicial OpinionsOverview After the simulation, justices writ.docx
A COMPREHENSIVE BRIEF / TUTORIALOUTLET DOT COM
A COMPREHENSIVE BRIEF / TUTORIALOUTLET DOT COM
Not Using CALR Technology: Ethical and Liability RisksIs there an obligatio...
Not Using CALR Technology: Ethical and Liability RisksIs there an obligatio...
View the video below, which provides some factors that should be c.docx
View the video below, which provides some factors that should be c.docx
Bus Law Chap 1 Powerpoint Presentation
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mansk2
This is the prelims question set for Post Exam Fun(da) a general quiz hosted by Quiz Master Mr. Sabyasachi Ganguly at the University of Engineering and Management. The quiz focuses on recent news and current affairs in the field of science, technology, management, sports, entertainment industry etc.
Post Exam Fun(da) Intra UEM General Quiz 2024 - Prelims q&a.pdf
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Pragya - UEM Kolkata Quiz Club
In this slide, we'll dive into the "First Expired, First Out" (FEFO) removal strategy in Odoo 17, specifically designed for managing perishable products. We'll explore its benefits, setup process, and how it helps minimize waste and maximize efficiency.
Removal Strategy _ FEFO _ Working with Perishable Products in Odoo 17
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會考英聽
會考英聽會考英聽會考英聽會考英聽會考英聽會考英聽會考英聽會考英聽會考英聽會考英聽
會考英聽會考英聽會考英聽會考英聽會考英聽會考英聽會考英聽會考英聽會考英聽會考英聽
中 央社
Presentation on Hindu texts
An overview of the various scriptures in Hinduism
An overview of the various scriptures in Hinduism
Dabee Kamal
uyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyymmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm
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Capitol Tech Univ Doctoral Presentation -May 2024
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會考英文
會考英文會考英文會考英文會考英文會考英文會考英文會考英文會考英文會考英文會考英文會考英文
會考英文會考英文會考英文會考英文會考英文會考英文會考英文會考英文會考英文會考英文會考英文
中 央社
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The Last Leaf is a short story by the American writer O. Henry (1862-1910) commonly known in the history of American literature as "the author of surprise ending". It tells the story of an old artist who saves the life of a young neighbouring artist, who is seriously ill and dying, by giving her the will to live. O. Henry knew people very well, especially the ordinary people of New York. In his stories you can feel satirical criticism of the American way of life. Most of his short stories are full of warm sympathy for ordinary American people.
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infosec train
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philosophy and it's principles based on the life
ĐỀ THAM KHẢO KÌ THI TUYỂN SINH VÀO LỚP 10 MÔN TIẾNG ANH FORM 50 CÂU TRẮC NGHI...
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會考英聽會考英聽會考英聽會考英聽會考英聽會考英聽會考英聽會考英聽會考英聽會考英聽
會考英聽會考英聽會考英聽會考英聽會考英聽會考英聽會考英聽會考英聽會考英聽會考英聽
An overview of the various scriptures in Hinduism
An overview of the various scriptures in Hinduism
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ppt your views.ppt your views of your college in your eyes
Capitol Tech Univ Doctoral Presentation -May 2024
Capitol Tech Univ Doctoral Presentation -May 2024
會考英文會考英文會考英文會考英文會考英文會考英文會考英文會考英文會考英文會考英文會考英文
會考英文會考英文會考英文會考英文會考英文會考英文會考英文會考英文會考英文會考英文會考英文
Stl Algorithms in C++ jjjjjjjjjjjjjjjjjj
Stl Algorithms in C++ jjjjjjjjjjjjjjjjjj
Financial Accounting IFRS, 3rd Edition-dikompresi.pdf
Financial Accounting IFRS, 3rd Edition-dikompresi.pdf
How to the fix Attribute Error in odoo 17
How to the fix Attribute Error in odoo 17
The Last Leaf, a short story by O. Henry
The Last Leaf, a short story by O. Henry
factors influencing drug absorption-final-2.pptx
factors influencing drug absorption-final-2.pptx
Post Exam Fun(da) Intra UEM General Quiz - Finals.pdf
Post Exam Fun(da) Intra UEM General Quiz - Finals.pdf
Discover the Dark Web .pdf InfosecTrain
Discover the Dark Web .pdf InfosecTrain
How to Analyse Profit of a Sales Order in Odoo 17
How to Analyse Profit of a Sales Order in Odoo 17
Word Stress rules esl .pptx
Word Stress rules esl .pptx
Rule application & drafting the discussion pt 2
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Drafting the Discussion
pt. 2 – Rule Application Professor Mathis Rutledge
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