Assignment

Go to http://www.courts.state.ny.us/REPORTER/3dseries/2013/2013_05437.htm .

Read the actual case - Forcelli v. Gelco Corp, 109 AD3d 244 (2013 NY Slip Op 05437). Warning: Do not copy and paste an online summary from another source.

Write a case brief to include the following: Facts; Issues Presented; Decision; Reasoning and Analysis. See my Initial Course Announcement on Case Briefs for more information regarding the contents of a case brief.

Case Brief format:

General Instructions: Use proper paragraph headings (below stated); double space between paragraphs.

Case Heading - List the official case name, reporter citation, and year decided, i.e. Fox v. Hound, 123 U.S. 345 (1900)

Facts - List the facts of the case. Give the procedural history of the case and the position of the parties. Typically, 2 to 3 full paragraphs is sufficient.

Issue(s) Presented - List the issue or issues presented to the court for determination. All issues should be narrowly focused and stated in the form of a question. If more than one issue exists, number the issues and state them separately.

Decision - State 'what' the court decided. In other words, how did the court answer the issues presented? Typically the decision is a 'yes or no' answer followed by, perhaps, a one sentence explanation.

Reasoning - Explain 'why' the court decided as it did. Upon what statutes, case law or other precedents did the court rely in reaching its decision? This is where you explain the court decision in detail. Typically, 2 to 3 full paragraphs is sufficient.

Analysis - State whether you agree or disagree with the courts decision and support your position. Typically, 1 to 2 full paragraphs is sufficient.