case comparison assignment 2

Please select two cases from the “List of Assigned Cases” to review. You can find this document under the “Getting Started” module.

In reviewing each respective case, please identify the relevant facts, issue(s), rule of law applied and reasoning for each case decision (please see categories below). For your reference, you can review the information regarding case briefs which begins on page 29 of Chapter One in your textbook. While there is more than one way to brief a case, please use the format I have provided below.

The assignment should be a minimum of 2 pages and a maximum of 4 pages in length, single spaced.

The assignment is worth 100 points and is due by 11:59 p.m. on Sunday, March 15.

The case comparison assignments will be reviewed using Turnitin, a software program which checks the originality of an assignment. When summarizing each section of the assignment, please paraphrase the information. Imagine that you are summarizing the cases to someone who does not have a great deal of knowledge about the law. If you take any of the language directly from a court’s decision, then it must be in quotes.

You do not need to use any sources other than the textbook. If you do, you must cite the source and include a works cited.

Please keep in mind that while you need to summarize some information from the cases, the most significant aspect of this assignment is your analysis and interpretation of the decisions.

The review should include the following elements for each case:

1. Case name: Include the names of the parties such as Brown v. Board of Education. 2. The name of the court deciding the case: For example, The U.S Supreme Court.

3. Case citation: An example of a citation is as follows: 552 U.S. 661 (1987). The year should be in parentheses. The purpose of including the case citation is so attorneys or judges can easily locate the case for themselves.

4. Key facts: State the relevant and significant aspects of the case briefly. Tell a short story. The facts should identify the plaintiff(s) and defendant(s), report the events leading up to the lawsuit and state the relief the plaintiff is seeking. Also, give a brief description of the procedural history. The procedural history tracks what happened before the case made it to the higher court that is reviewing the case. For example, if the decision in the textbook is authored by an appellate court, then there will be a reference to the decision of the trial court.

5. Issue: This is the legal question the court is being asked to address. Sometimes, there are many issues. Focus on the primary issue(s).

6. Rule: The general legal principle applied to the facts of the case. For example, this could be a provision in a state or federal statute or a case precedent. The court may review different rules. State the rule the court applies to resolve the issue.

7. Decision: State how the court resolved the issue. An example of a decision would be the lower court decision is reversed or affirmed.

8. Reasoning: This section explains why the court made this decision. Summarize the reasons the court ruled this way.

9. Critical analysis and case comparison: Please address the following questions for the two cases. After critically analyzing the outcomes of each case, do you agree with either decision? Why or why not?

While the decisions may not be on the exact same issue and the facts may vary, were you able to see any similarities in the reasoning sections or in the way the cases were handled procedurally?

Can you identify any key legal terms or concepts that were significant in one or both of the decisions? Would you characterize the main issue in the case as a substantive or procedural issue? Please explain.

10. Relevance of cases: Please describe how each case is relevant and applicable to the business environment.

Can you state at least one reason why Business Law students should read each of these cases? Please discuss.

Do you think that one case is more important for a student to read than another? Please explain.

Formatting

Please use the above elements of the case brief as headings. For example, the case name and key facts would be headings. You can then state the information for each case under each of the respective headings. You can double space between the headings.

Since you are reviewing two different cases, it may be best to set up the paper as follows:

Case #1: (Analyze sections 1 – 8)
Case #2: (Analyze sections 1 -8)
Case #1 and Case #2 (Analyze sections 9 and 10 jointly)