In this assignment, you will find a case law using legal databases, distill a legal judgment down to its key components, critically analyze the court’s decision, and concisely convey this information in a case brief. You will do the following to complete this assignment:
Find an appellate tort or contract case from the past five years (or so) using a legal database.
Identify the essential elements of the case: the facts, judicial history, legal issues, holding, legal reasoning, and any dissenting opinion(s).
“Note up” the case to see if other decisions have affirmed, distinguished, followed, or overruled the decision**.
Critically analyze the persuasiveness of the court’s opinion and state your conclusion as to whether you would rule the same way if you were hearing this case.
Prepare a case brief succinctly conveying this information. Your case brief should follow the conventional legal format (maximum 800 words). Ensure you cite the case properly.
Submit via the assignment drop box on Moodle.
**If you are not familiar with case briefs it will be a new concept for you. It basically asks if the case is still relevant. For instance, has it been affirmed, used as precedence, been overturned, etc…
Here’s a useful link from Bora Laskin Law Library at U of T that explains it well.
https://library.law.utoronto.ca/step-3-noting-cases
Please keep in mind if the case you’ve selected does not lend itself to this aspect of the assignment it’s likely not the best case to use.
The post “Analyzing an Appellate Tort Case: Smith v. Johnson (2017)”
Case Brief for Smith v. Johnson (2017)
Case Name: Smith v. Johnson (2017)
Court: Court of Appeals of California, Second District appeared first on get essay fast.