Assignment: Case Analysis
• Post a brief case analysis of a listed problem for the week in the corresponding weeks assignment dropbox. The case assignments will be posted by professor in the Announcements each week. In a large class some students may have duplicate cases assigned to other students.
• The assignment should consist of a presentable and entertaining presentation (Power Point or other medium) and will be delivered in some form of participative medium (webex/on-site/or alternative as determined by professor) . 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 such as the Lexus-Nexis in the DeVry Library or FindLaw.com, do research on the parties and circumstances of the case itself and incorporate some audio-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.
• Your grade comes from the content contained on the actual submission.
Case Analysis Format
1. Read and understand the case or question assigned. 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]
2. Do significant research outside of the book and demonstrate that you have in a very 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.
3. Dedicate 1 slide to each of the case question(s) immediately following the case, if there are any. Be sure to state and fully answer the questions in the presentation.
4. Quality in terms of substance, form, grammar and context. Be entertaining! Use excellent audio-visual material and backgrounds!
5. Wrap up with a Conclusion slide. This should summarize the key aspects of the decision and also your recommendations on the court's ruling.
6. Include citations on the slides and a reference slide with your sources. Use APA style citations and references.
Montgomery v. KailOrexi LLC
When Montgomery, a customer at Gondolier restaurant, became intoxicated on the alcoholic beverages he was served, the restaurant staff called for a taxi to take him home. The taxi driver tried to drive him home, but Montgomery kept saying he didn't want to go home and kept trying to grab the steering wheel out of the driver's hands. The taxi driver finally pulled over and removed Montgomery from the cab. The taxi driver then called 911 to report that he left a very drunk man at the side of the road. Montgomery subsequently fell off a bridge and was killed. His blood alcohol was very high. His heirs sued the restaurant owner and the company that supplied the alcohol to the restaurant. Do you think the court imposed liability on either the restaurant or the distributer of the alcohol? Montgomery v. KailOrexi, LLC, S.W.3d (2009 WL 837711, Ct. App., Tenn., 2009).
Attachment:- Case_Study.rar