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What court are you in and how did you get there

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Reference no: EM13881767

CASE- Brian PIETRYLO and Doreen Marino, Plaintiffs, v. HILLSTONE RESTAURANT GROUP d/b/a Houston's, Defendant. United States District Court, D. New Jersey Civil Case No. 06-5754, September 25, 2009

CASE PRESENTATIONINSTRUCTIONS

You will complete Case Presentation during the course, based on cases that have been summarized in the book. You should go to LexisNexis and read the complete case, which will give you more details of both parties' positions, as well as links to related law. Decide between you and your "opposing counsel" who will represent which party, and then present your position to the class.

Your presentation should follow the general IRAC or Law + Facts = Conclusion analysis format we discussed in the first class. Include:

• What court are you in and how did you get there? (almost all of the cases we discuss are decided by an appeals court, but were initially heard at a trial level court - explain that path for your case)

• I = What is the major issue related to this chapter that is examined in this case? Note: most cases decide more than one issue. Focus on/analyze only the issue(s) related to the chapters we are reading this week.

• R = What is the relevant law? Is it a statute? Regulation? Federal or state? Is it case precedent? Some combination (case precedent interpreting a statute)?

• What are the key facts, i.e., the "legally relevant facts" needed to meet the elements of the law? What facts best support your position?

• AC = Apply the law to the facts in a way that reaches a conclusion that would decide the case for your position. That necessarily means that one of you will be arguing for an outcome that the court did not hold; explain that position well enough for the class to discuss.

• How would your position be fair and equitable? How may it move the law forward and provide a new or better rule? These are what we call "policy" arguments - not directly related to the law, but additional arguments for the court and society to consider.

• How does your position comport with a Biblical worldview?

Reference no: EM13881767

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