BUSINESS LAW I-DIRECTIONS FOR BRIEF
THIS MUST BE TYPEWRITTEN
SIZE 12 FONT-TIMES NEW ROMAN
January 19, 2014
Directions for Brief Assignment: You may use the format on pp. 22-23 of the 15th edition of your textbook or you may follow the IRAC (ISSUE-RULE-APPLICATION-CONCLUSION or FACTS—ISSUE—REASONING–CONCLUSION. Your syllabus notes that you may select any case out of the textbook. I am suggesting that you may also use any legal case that is in the news. The goal of this assignment is to have you use some of your analytical and evaluation skills. The following is a vignette that might be helpful to you whether you use the IRAC method or not.
After a student named Bob insults him in class, Marvin, a business law professor, pulls out his 38-revolver and fires a shot at the student. The shot misses the first student, but strikes another student named Cathy, who never saw the shot coming and never knew what hit her. Bob and Cathy sue Marvin for assault and battery. Who can recover for what? Why?
ISSUE(S): WHAT ARE THE QUESTIONS TO BE ANSWERED BY THE ABOVE FACT SITUATION?
RULE: WHAT IS THE LAW? –LOOK AT THE CHAPTER ON INTENTIONAL TORTS. WHY WOULD BOB OR CATHY BE SUCCESSFUL? IF NOT, TELL ME WHY NOT?
APPLICATION: YOU ARGUE THE FACTS OF THE CASE WITH THE LAW.
CONCLUSION: TELL ME WHETHER BOB AND CATHY ARE GOING TO BE SUCCESSFUL. FOR EXAMPLE, X IS GOING TO BE ABLE TO RECOVER OR Y CANNOT RECOVER.
IF YOU FOLLOW THE FORMAT ON PP. 22-23 OF TEXTBOOK—YOU WOULD SET UP YOUR ANSWER AS FOLLOWS:
FACTS: SAME AS ABOVE
ISSUE: SAME AS ABOVE
REASONING: THIS IS THE SAME AS THE APPLICATION ABOVE.
CONCLUSION/HOLDING: THIS IS THE SAME AS THE CONCLUSION OF ABOVE. OF COURSE WHEN YOU ARE BRIEFING AN ACTUAL CASE—YOU WILL PROVIDE ME WITH THE CAPTION (STATE V. MADAM X).
YOUR PAPER SHOULD HAVE THE FOLLOWING FORMAT:
Date Assignment Due
Professor N. Clark
Case Brief Number One
Again, the brief must be submitted in Size 12 Font—Times New Roman. In short—this assignment is not due until January 24, but I expect everyone to come to classWednesday prepared to discuss the Chapter on Criminal Law. If you have any questions, please feel free to email me.
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