What are their names and are the a defendant or plaintiff

Assignment Help Business Law and Ethics
Reference no: EM131295482

Please choose . Parte Brown, Kelo, Lunsford, Shackford, and Title & Trust

However, DO NOT BRIEF WHAT IS INSIDE from your THE TEXTBOOK!!!! You must obtain the real estate case you pick from our textbook from inside LexisNexis!!!!

Then prepare a 1-2 page paper, in 12pt Times New Roman font, single spaced, with 1" margins following the criteria in the announcements and below. There are also several documents on how to brief a case attached.

Your brief must be structured with following headings in bold face as follows:

CASE NAME AND CITATION: As a header on the first page of your brief, you should state the name of the case, identify each party's role in the case, and give the full Bluebook style citation to the case.

PARTIES: Who are the parties?

FACTS: Who did what to whom? Include all facts the court considered significant. Summarize in your own words. DO NOT cut and paste from the opinion.

PROCEDURAL HISTORY: Who is asking the court to do what? How did the case procedurally get before this court?

ISSUE(S): What question or questions did the court have to answer in order to make their decision? Your issue(s) should be stated in the form of a question. Make sure you address ALL the issues in the case.

HOLDING: Which way did the court answer the questions posed in the issues? What did they decide?

REASONING: Why did the court decide the case the way it did? What legal standard did they use or establish? What prior cases did the Court rely upon and why?

DECISION: This section gives the Judgment rendered by the court. Describe the final disposition of the case. Did the court affirm the lower court's decision, reverse it, and/or remand it for additional proceedings?

COMMENTS: Is there anything else that should be mentioned about this case? Is it a "landmark" case? Was the court "divided"? Were there any weaknesses/discrepancies in the court's opinions? What were your personal thoughts on the case?

• It must have your Name and Student ID at the top of the paper

• Save the document as Word document and make sure that your Last Name starts the title before doc. Ex) SmithCaseBrief.doc

• Headings must be boldfaced or underlined

• Headings MUST include all of the following:

o Case Name:

o Parties:

o Facts:

o Procedural History:

o Issue:

o Holding:

o Reasoning:

o Judgment:

o Comments:

• Case Name must be in Bluebook format. (Main citation points will come from the Reasoning section. So if there are no cites in the Reasoning section, you will receive little to no points for cites. You should also put a few cites in the facts section, particularly if you copy the facts verbatim.) You are citing the case you are briefing, as well as the cases or statutes in the case itself.

• All citations should be in Bluebook format.

• Don't forget to use short form cites and id.

• NO FOOTNOTES!!!! Legal documents must have in-text cites only!!!

• Who are the Parties? What are their names and are the a Defendant or Plaintiff? Maybe they are the Appellee or Appellant? A Petitioner or Respondent?

• What are the Facts? This section should not be too long or too short. It is typically one or two paragraphs which tell the reader what happened before the parties go to court. This is what we call the ‘back story." Imagine you were trying to describe why everyone was suing everyone else to a friend. How would you describe the story? What happened once someone sued someone should not be in this section. It will go in the Procedural History.

• Procedural History must be explained if it is an appeals or supreme court case. What happened in the lower court to get appealed to this court? Who sued, when and what happened in that other case? Do not talk about what happened in the case you are briefing though. The outcome of this case will go in your Judgment.

• What is the main Issue? This is a 1 sentence question!!! So we must put a question mark at the end of the sentence in the Issue section.

• The Holding is the short 1 sentence (not 1 word) answer to the issue question. It is not the judgment. The Judgment is whether it was affirmed, denied, etc.

• The Reasoning is a thorough explanation of what the court said in the case. It should be the longest part of a case brief and at least 3 paragraphs! Talk about what cases or statutes the court relied on and discussed to come to their decision.

• Comments are your own comments on why this case was important to you, the world or society. Do you think justice was served? Do you think the court was correct in their judgment? Was there any dissent? Would you have ruled a different way if you were the judge?

• DO NOT research the case ONLINE!!! Use LexisNexis!!!!! The case you find online via google may NOT be correct and will not contain the correct page numbers!!!!

Legal case names should be done in standard "Blue Book" format. Example: York v. Smith, 65 U.S. 294 (1995). For more information on case brief format see "How to Brief a Case" in the Case Brief folder in the Student Resources. There is also a model case brief in the case of Delahanty v. Hinckley that you should review. I want the brief to be in your own words, so do NOT include long quotes from the opinion itself. Your brief should be approximately 2 pages in length. The majority of the citations will be inside the Reasoning section.

***Case briefs are used to highlight the key information contained within a case for use within the legal community as court cases can be quite lengthy.***

When writing case briefs, all information must be properly cited. Make sure you are not copying and pasting from your source. Most of the material should be paraphrased; quotations should make up no more than 10% of the brief.

Reference no: EM131295482

Define ethical issues inherent in criminal justice systems

Analyze both the court system's likely view on the accused's rights, as well as the court system's likely treatment of the defendant during trial proceedings. Provide suppor

The plaintiff knowingly participating in the sport

In this case, the assumption of risk was on the plaintiff knowingly participating in the sport that put in the position of harm and/or danger inhibiting causation. This is the

Appraisal report on the value of the prime property

Maria prepared an appraisal report on the value of the prime property in Wollongong using outdate data, and convinced the directors of Builders Ltd to make an unrealistic low

One of the remedies available to the victim

One of the remedies available to the victim of a contractual breach is the remedy of "specific performance". Explain briefly what this remedy provides for the victim of breach

What remedies are available to the non-breaching party

What factors must be considered in assessing the legal sufficiency of an offer, acceptance, and consideration in determining whether a contract is enforceable? In the event

Should rufus be compensated for his purchase

Explain the agency relationship (employee, independent contractor, fiduciary, principal/agent) between Wiley, Petunia, and Peter. Be sure to first define the agency relation

Describe the history and development of forensic science

Describe the history and development of forensic science. Identify the many roles of the forensic science expert as is they relate to the forensic science disciplines. Expla

Provide prevention strategies for elderly residents

The burglaries have no specific method of entry, but 17 of the 20 burglaries have occurred during the day. Two daytime burglaries have occurred while elderly people were hom


Write a Review

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd