The Legal Environment of Business
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The assignment should consist of a Word Document. 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, do research on the parties and circumstances of the case itself and incorporate some 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.
Case Analysis Format
Read and understand the case or question assigned.
Case: Penthouse International v. Barnes
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]
Do significant research outside of the book and demonstrate that you have in an 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.
***Dedicate 1 heading to each of the case question(s) immediately following the case, Be sure to restate and fully answer the questions
Questions: CRITICAL THINKING ABOUT THE LAW
One of the primary purposes of a judge’s opinion is to explain the court’s reasoning in a particular case. A judge’s opinion is not arbitrary, in the sense that a judge must give due consideration to relevant facts and rules of law for any legal issue. From a judge’s opinion, we are, therefore, able to know not only a judge’s conclusion but also the reason the judge ruled for one party over another. These opinions provide the court’s rationale in a particular case, which may later be used as precedent for subsequent cases that contain similar fact patterns. In Case 16-2, the judge provided several reasons to support the conclusion.
The next two questions relate to the judge’s reasoning in Case 16-2.
- What reasons did the judge provide for ruling in favor of the defendant?
Clue: To ensure that you have found a reason, ask yourself whether what you have listed answers this question: “Why did the court rule for the defendant?”
- What aspects of the court’s reasoning were particularly strong or weak? (Remember that just because reasons are given does not mean that these reasons are necessarily strong.)
Clue: Reverse the roles in this case and assume that you are the plaintiff’s lawyer. With which parts of the judge’s opinion would you still disagree based on the court’s reasoning? Would there be parts of the judge’s reasoning with which, even though you were the opposing party, you would agree?
Wrap up with a Conclusion. This should summarize the key aspects of the decision and your recommendations on the court’s ruling.
Include citations and a reference page with your sources. Use APA style citations and references
Kubasel, N. K., Brennan, B. A., Browne, M. N. (2017). The Legal Environment of Business: Critical Thinking Approach. pp. 414-415 Retrieved from http://online.vitalsource.com/#/ books/9781323829264/