Traditional case brief, Business Law and Ethics

The  defendants, while sympathetic, may believe that the ultimate responsibility of a child's safety and welfare belongs to the parent themselves. To the extent that the parents were aware the child was attending a party where alcohol was served, it was the parent's duties (Ryan's parents) to educate  their child about the dangers of alcohol consumption and drinking and driving.

From a social perspective, perhaps, each of them  should be  liable to some degree, especially where  there is  an adult knowingly violating the teenage drinking law. There should have been a social obligation for these parents to abide by the law, even if not out of personal concern for the minor children.

Moral convictions might weight against  the defendants.   It would seem that just a common sense notion of human decency and caring for children should have compelled the defendants to be more concerned about a young person drinking and driving.

In your traditional case brief, you will not have this section.  So, don't be confused or alarmed if you are unfamiliar with having this section in your case brief assignments.  For my courses, I ask students to include this section for several reasons, the most important of which is that it is an exercise in critical thinking.

An essential aspect to critical thinking is being able to evaluate the same set of facts from different and diverse perspectives.  This is a key skill in legal analysis, as you are tasked to think about the legal issues from not only your own or your client's perspective, but from that of opposing sides as well.  This is necessary so that you understand both the strengths and weaknesses of a case.  Moreover, it is a crucial aspect of demonstrating objectivity within the law.  As sometimes no matter how passionate you and/or the client might be about a particular matter, if the law does not support the position, then you have to be able to see and explain that.  The only way that you get to this understanding is being able to evaluate, articulate, and argue various perspectives.   It is often very easy for us to argue and support our own opinions and beliefs.   It is  much more challenging task to understand and articulate those opinions and beliefs to which we are opposed and/or unaware.

In this section, you don't have to believe it.  The task here is for you to be able to at least see the other  possible  perspectives,  understand the legitimate arguments that might be made from those  perspectives, and articulate those perspectives with the intellectual integrity  and vigor they merit.

Posted Date: 2/26/2013 4:41:35 AM | Location : United States







Related Discussions:- Traditional case brief, Assignment Help, Ask Question on Traditional case brief, Get Answer, Expert's Help, Traditional case brief Discussions

Write discussion on Traditional case brief
Your posts are moderated
Related Questions
Directors to perform the duties: Therefore it cannot be that the auditors  are to be at the expense and trouble not merely of sending their report through the post but of deli

Hi Dear, Could you please help me in online exam in ( Bus Law for Accounts).!! the exam will be open within one hour and half. Thank you

Ostensible Authority - Authority of Partners A difference is something drawn among the genuine and ostensible authority about a partner. Whether it is actual or express author

What is Diplomatic immunity Diplomatic immunity relates to the protection of the representatives of another state to ensure that they perform their international political func

What are the functions and powers of the United Nations General Assembly? The functions and powers of the United Nations General Assembly are as illustrated here: • To see a

Question1 Describe the term banking and what are the permitted businesses for a banking company as per BR Act 1949 Question2 When is a negotiable instrument considered as

Rights of co-guarantors among themselves A guarantor who that has paid more than his share below the guarantee is entitled such to contribution from his co-guarantors, although

Duties of an Advocate First is, Duty to the Court Whether as an officer of court an advocate is bound to assist in administration of the justice.  Thus he must adv

Avoidance of Floating Charges: Under s.314 liquidation automatically renders void any floating charge created within the period of 12 months before commencement of liquidation

Ratification of Corporate Acts: A number of English cases which are regarded as instances of lifting the veil are those relating to informal ratification by the members of act