...How to write a case review assignment 1. TITLE 2. INTRODUCTION: * Which court decision has been discussed here? * What is the case about? * What are you going to discuss in each chapter/section 3. THEORY and/or CONCEPTUAL FRAMEWORK * Explain the theory or concepts, or define the legal terms that are important for understanding the case and they are usually provided in the book. For example: * What does the concept ‘negotiations’ mean? * Explain the link between these concepts 4. THE PROBLEM [that the Court has to deal with] * What is the problem that the Court has to deal with/solve? * For example: the application of Art. 74 CISG regarding the delay in delivery or defect of goods * Why is this case important? 5. FACTS of the case (What has happened?) * Who are the parties involved: who is a plaintiff – defendant; applicant – respondent * What has happened (the sequence of, for the case, important events)? 6. APPLICABLE LAW: * Which law has to be applied on this case * Explain the relevant rules (Articles) * What does this article regulates/The purpose of this article 7. POSITION AND ARGUMENTS OF THE PARTIES * Explain the main arguments and reasoning of the parties in this Court Case: * What is a point of view of each party? Explain! * What kind of reasoning each party follows? * Make link with the theory...
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...discussed how to analyze and apply legal authority. We have also discussed how to write a case brief, which law students usually write for their own use. Most legal writing, however, is done to communicate with others. As a law student (and new lawyer), you will receive legal problems and will be asked to analyze the problem and write up the results of that analysis. The typical vehicle that lawyers use to do this is the legal memorandum. When you write a memorandum, you will make use of the several analytical skills you have been developing. This handout explains the form and content of a legal memorandum. II. PURPOSE OF A MEMORANDUM A legal memorandum is a document written to convey information within a law firm or other organization. It is a written analysis of a legal problem. The memorandum is usually prepared by a junior attorney or by a law clerk for a more senior attorney early in the firm's handling of a legal dispute. The writer analyzes the legal rules that govern the issues raised by that problem and applies those rules to the facts of the case. These memoranda prepare attorneys to advise clients how to proceed, if at all, with prospective business dealings or litigation. The memo must be complete and objective including both the rules and facts that help the client and those that do not. In concludes with a considered opinion of the likely outcome on each issue. The attorneys will then use the memo to understand the issues that the case raises, to advise the client...
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...OSCOLA Oxford Standard for the Citation of Legal Authorities Fourth Edition Faculty of Law, University of Oxford www.law.ox.ac.uk/oscola Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 1 General notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 1 .1 Citations and footnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 1 .1 .1 1 .1 .2 1 .1 .3 1 .1 .4 Citing cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Citing legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Citing secondary sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Order of sources in footnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 1 .2 Subsequent citations, cross-references and Latin ‘gadgets’ . . . . . . . . . . . . .5 1 .2 .1 Subsequent citations . . . . . . . . . . . . . . . . . . . . . . ....
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...Organizational Issues ETH/316 June 10, 2013 Viewing the short film Lighthouse in “The Responsibility Project Website,” the organizational issues was exhibited. Ethical principles are something to be focused on by the organization’s issues. By watching this short film “Lighthouse” it was abundantly clear how important ethical principles are in any organization and how this can alter and influence them. “A grumpy lighthouse keeper tests and redefines his own limits of responsibility.” (June, 2008). The issues in the film are important in this case because it is clear how a normal shift things are not going right, and there would be nothing, which could make things go any worse. There are many times when an employee will rather stay in bed for the day. Incidents happen, and things are out of one’s control, the easy thing to do is throw in the towel; however this is not the thing to do. Mishaps occur, and when it does, one should assess what is occurring at work. In this situation the light can be fixed, and used the equipment utilized for this job. The lighthouse keeper looks as there was not a solution, and at the time he did not view what was available to fix this problem. In this case the best thing for the lighthouse keeper was not to panic. Darkness may appear in a job, but there is always options, in this case the light at the end of the tunnel. The film “Lighthouse” teaches when one thing fails, go at it another way, the people came together and helped the lighthouse...
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...Briefing a case for Business Law Briefs are written by lawyers in preparation - for exams, mediation, and trials. The purpose of a good brief is for you and your audience to be able to discern what the “meat of the coconut” in a case, quickly easily and in a short period of time. A brief contains three parts, a short statement of the facts, the decision and the reasons for the decision. a short statement of the facts The first thing to put in the brief is a short statement of the facts, answer the questions Who, What, Why, When and How. Think of yourself as a reporter trying to get “just the facts mam, just the facts”. 1. Who sued who? Who was the Plaintiff? Who was the defendant? Were their multiple parties? Who was the judge? 2. What were they arguing about? Money? Property? A legal issue? What Court were they in? 3. Why are the facts important to the case? What seem to be the most significant facts? 4. When did the case occur? If a case is very old it may no longer be current law. 5. How did the events unfold, who did what to who? In some cases will be easy to describe the facts, in others it will be more difficult, but determining the facts are where all cases begin, our system is fact based. The Holding of the Court Also known as the “Decision and Remedy.” What did the Court decide? Who won the case? Did the Court hold for the Plaintiff or Defendant? What was the court’s order? Did the Court order a new trial? Affirm the court below...
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...LAW AND THE LEGAL SYSTEM PLA 3014 SPRING SEMESTER 2016, Exam #1 CONCEPTS TO HELP YOU REVIEW I. Terms, Cases and Concepts You Should Understand and Be Able to Define to Ensure Maximum Success on the Multiple Choice and Short Answer Sections of Exam Civil Disobedience What are the functions that law fulfills in society? (pp. 2-4) Malum in Se (and be able to identify examples illustrating these laws) Malum Prohibitum (and be able to identify examples illustrating these laws) Precedent (and why important to the common law and our court system) Stare Decisis (and why important to the common law and our court system) What is Natural Law? Why important to history and formation of common law? What is Positive Law? What is the “sociological theory of law?” What are the four primary sources of law? Where do we find “law” today? What was the most important source of law historically for the common law? What is the order of importance of sources of law today in U.S.? Change in Legal Methodology in U.S. (hint: what was the change in focus in the US regarding the four sources of law? Why? See p. 37) What are the major differences between criminal and civil law in the U.S. today? Be able to define role and significance of constitutional law, statutory law, case law, and administrative and regulatory law in today’s society What are the four global legal traditions? Which are most prevalent today? Be able to briefly define each of the four global legal traditions and provide...
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...people with extraordinary pain, and severe cases of depression? Marijuana is the only drug that is natural, (if not laced with another drugs), that can be used for natural causes. Causes such as muscle spasms caused by multiple sclerosis, nausea from cancer chemotherapy, weight loss caused by chronic illness, such as HIV, or nerve pain, seizure disorders, Crohn's disease, and people with poor appetite. It is known that marijuana, is used to treat nausea and improve appetite. It can be used for people with anorexia issues. Now, why is marijuana not legal? Studies from doctors show that marijuana is not harmful at all. In fact a lot of doctors recommend it for people with severe pain and depression. About twenty-three states have finally legalized marijuana for prescription patients. Other states allow un-prescribed patients to consume it. However, you can only carry a certain amount according to state laws. The majority of our society today would say pain may be the main reason people ask for a prescription. Most of them could be from cancer, constant headaches, or long-term conditions. So should marijuana be legalized? I would assume that the reason why drugs are even to be made prescriptions is to avoid others to abuse the drugs, which is understandable. Marijuana has no major side effects or life threatening issues to the body’s organs. Side effects of marijuana that usually don’t last long can include dizziness, drowsiness, short-term memory loss, and euphoria. If too much...
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... Final Exam HRM 326 Final Exam Contents of Interest The legal aspects of training have been an area of particular interest. The most interesting aspect was company liability. One common ground for not adhering to legal requirements such as OSHA, EEO, and Sexual Harassment was the likelihood of the company entering in the courtroom. When organizations fail to meet legal requirements they can be held accountable or partially responsible for any injury or illness that an employee, customer, or person within the organization at the time of the event may have suffered. Failure to meet legal requirements place organizations at greater risks for ruined reputations, loss in financial resources, high turnovers, low productivity, and so forth. Some of the information was reinforced such as Equity with EEO and Affirmative Action as well as OSHA and Sexual Harassment. Other areas such as the extent to which a company can be held liable for failure to meet legal requirements in the various areas is new information. In Sexual Harassment a special note was made to the liability a company may face for failure to identify, respond, or cease sexual harassment cases before they become too severe to correct. Ignoring the cases does not give the organization the benefit of a doubt but makes them completely liable for failing to provide a safe work environment for members of the organization...
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...aaaaaaaaaaaaaaaa Monday, March 12, 2012 My Cousin Vinny: a story about legal education The Abnormal Use blog is celebrating the twentieth anniversary of the release of the movie My Cousin Vinny by publishing a series of comments and interviews and also by sponsoring a multi-blog discussion on the movie. Go here to get more information. When my students ask me to recommend movies, I give them a list I have prepared over the years in which I have organized the titles under certain main “themes.” No one is surprised to see My Cousin Vinny on the list, but some are surprised I have listed it under the theme of “legal education.” So, I thought I’d use my contribution to the Abnormal Use blog’s celebration to explain why. One reason I place My Cousin Vinny under the theme of legal education is that it provides so much material you can use in the classroom. For example, you can use the movie to discuss criminal procedure, courtroom decorum, professional responsibility, unethical behavior, the role of the judge in a trial, efficient cross-examination, the role of expert witnesses and effective trial advocacy. Go here, here and here for more on this. But the reference to legal education goes deeper. I think you can use the movie to discuss the most common topic of debate within legal education itself. Interestingly, however, in My Cousin Vinny, the issue is turned on its head. After Vinny’s girlfriend Mona Lisa bails him out for a second time after having been...
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...International Legal and Ethical Issues Simulation Analysis Businesses must ensure legal protection from other foreign country companies from adverse actions. There is high risk in international business transactions and CadMex need to protect against them. Steps to protect the business legally is crucial when selecting the choice-of-law, and selecting clause in the simulation. Establishing terms in a contract is important factor in a business partnership between foreign countries to protect interests for each party. After completing the first section of the simulation identifying the choose-of-law in the United States regarding specific contracts is Contract of International Sale of Goods (CISG) for domestic business transactions that cover marketing ProPez. CISG laws cover the use of technology in this case with Gentura; however, does not cover licensing or patents. International Arbitration non-binding contract provides variety of dispute resolution organizations to resolve contract disputes may take a year instead of awaiting court availability in this case, it is less expensive, and recognize contract internationally. This option safeguards CadMex’s interest with certain contingencies under contract law applicable in this case. After Candore gained World Trade Organization (WTO) the best choice remains CISG fits terms in the contract cover marketing ProPez and technical training, but does not cover patents and licensing. In March 2007 an unidentifiable...
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...Plea bargaining is a controversial topic that helps to put criminals and jail while simultaneously giving them a chance at a future life through reduced sentences. Though it helps to solve cases and save money, because of the lack of lengthy trials, plea bargains can intimidate the accused into admitting crimes they did not commit. When faced with a questionable case and the fate of a skeptical jury looming over an accused, they may plead out, fearing they will be charged for a crime they did not commit. For example, Robert H made the point that if he, an innocent man with a witness that proves such, pleads not guilty and faces the death sentence or can be offered a plea bargain to pay a fine and plead guilty, he would clearly take the latter. Therefore, plea bargaining devalues the legal system by allowing for criminals to take the easy way out and intimidating innocent people into admitting guilt. It takes away from the values of the legal system;...
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...group of police officers swarm him and start punching and kicking him. After hearing the verdict Mr Hutchinson said that him and his legal team are investigating other avenues of appeal. Members...
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...1. Explain what you think the role of a paralegal is in the litigation process. Reflect on your own personal skills and if you like litigation practice. The role of a paralegal in the litigation process is to provide a win-win solution to the cost of legal services as most people cannot afford the services of a lawyer. Paralegals engage in substantive legal work, the kind of work that lawyers do with certain limitations and prohibitions. Based on my own personal skills such as filing of small claims, paralegals are engaged in real legal work, provided as paralegals are appropriately supervised, the lawyers for whom paralegals work are able to engage in other legal work. I like litigation practice because paralegals are of service to the clients. Clients will receive a smaller bill when legal assistants are used effectively because the work of legal assistants is billed at a lesser rate than that of lawyers. The use of paralegals allows more members of society to be able to afford legal services, while at the same time allows employing lawyers at private law firms to increase their earnings. Paralegal is a highly demand profession which makes me reflect that litigation practice is a rewarding career. 2. As a paralegal what documents should you attempt to obtain before a lawsuit is filed during the informal fact-gathering stage? What sources are available to you to locate these documents? The attorney’s work product, now called “trial preparation materials.”...
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...John Sullivan CJS/220 Date: 1/24/2014 Assignment Week 9 Instructor: Deborah Difalco Appeals Process Paper In our criminal justice system we have many different kinds of processes. We can feel and see the frustration and drama that people suffer when they are associated with someone that is on trial or are part of the trial. “When finding of guilt in a trial court may raise legal issues that are reviewable by an appeals court.”( Meyer and Grant. 2003. Pp.465) An appeal is “a proceeding in which a case is brought before a higher court for review of a lower court’s judgment for the purpose of convincing the higher court that the lower court’s judgment was incorrect” (Merriam-Webster, 1996). Also one of their ways of putting the appeal is also a defendants way to be able to challenge and for them to re-look at the their court decision. In our criminal justice system it is extremely important for the existence of an appeal, the process is part of the system of checks and balances. When you think about an appeal you can consider it an advantage because it is the way that cases that have been charged and chose a sentence to be reviewed. It is the way where the person who acts in a crime will have their chance one more time to try to make changes regarding their official charge. The court will review the decision of the government officials, the executive branch and lower courts with the power of judicial review. “This power allows the U.S. Supreme Court and the supreme...
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...after controversial decisions regarding recent police brutality cases. When the Trayvon Martin case came to light I was captivated by the legal process involved. It was so live and present for me as I poured over hours of footage from jury selection to the prosecution and ultimately the verdict. It was this that inspired my desire to go into law. When the verdict announced, on a personal level I was outraged, but on a procedural level I struggled to understand how the case was presented and how the jury came to the decision. I recognized the weaknesses in the prosecution’s case against Mr. Zimmerman as well as issues in the legal system that allowed this to happen. A year later,...
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