Traditional case brief, Business Law and Ethics

Assignment Help:

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.


Related Discussions:- Traditional case brief

Jurisdiction - high court, Jurisdiction - High Court Whether under Sec...

Jurisdiction - High Court Whether under Section 60 of the constitution states in which the High Court shall have 'unlimited original jurisdiction in civil and the criminal mat

Which two fundamental treaties that provide substantive law, Which two fund...

Which two fundamental treaties that provide substantive law Agency Statute The International Atomic Energy Agency Statute 1957 (IAEA) and the Nuclear Non-Proliferation Treaty 1

Disadvantages of entrepreneurship development , Disadvantages of Entreprene...

Disadvantages of Entrepreneurship Development You will be your own boss and the boss of other people and make the decisions that are crucial to the business' success or fa

Contracts in restraint of trade, Contracts in Restraint of Trade This ...

Contracts in Restraint of Trade This is a contract through which a person voluntarily or unwillingly restricts his future liberty to carry at his trader business or profession

Torts law problem, Bazil decided to celebrate a promotion he had received a...

Bazil decided to celebrate a promotion he had received at work that week by having a few alcoholic drinks on the weekend. After a few hours spent in the local pub, Bazil decided he

Advantages of subsidiary legislation, ADVANTAGES: Therefore some of th...

ADVANTAGES: Therefore some of the advantages or strong point of delegated legislation are:as; (a)   Compensation of lost Parliamentary time Conversely parliamentarians a

Explain the theories of relational contracts, Theories of relational contra...

Theories of relational contracts These are long-term, non-legal or only incompletely legal agreements. The fact of incomplete foresight is taken into account by leaving gaps in

Payee - negotiable instruments, Payee - Negotiable Instruments Some th...

Payee - Negotiable Instruments Some the payee like: (i) Section 7(1) gives such where a bill is not payable for the bearer, such the payee must be named otherwise indicated

Independent research into a particular aspect of law, The purpose of the as...

The purpose of the assignment is to allow you to undertake independent research into a particular aspect of law, to reflect on and consider particular legal issues and to apply you

What are the disadvantages of delegated legislation, What are the disadvant...

What are the disadvantages of delegated legislation? Disadvantages of delegated legislation: • The delegated body that is responsible for the legislation is not represent

Write Your Message!

Captcha
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