Prepare a Case Brief.
The Case for Case Brief is : "Boomer v Atlantic Cement Co."
DIRECTIONS FOR CASE BRIEF ASSIGNMENTS:-
Analysis:
Rule of law - What state or federal statutes, regulations or common law are cited as the basis for the decision? If there is particular language from the rule that the court relied upon, quote it here.
Application of rule to facts of case - How does the court use that rule to decide the case? If the rule was broken down into parts (called "elements") then give those here and briefly state why the court thought they were proven.
Case law - What cases did the court rely upon as precedent? Give the name of the case(s) and the facts of those cases briefly here.
Application of case to facts of case - How did the court show that the case cited as precedent was similar to this case? (Compare the facts).
Questions for Further Analysis:
1. Ambiguity - Which words or phrases from the opinion could be interpreted in more than one way? Give at least two examples, using full sentences.
2. Ethical Norms - Which of the norms was applied -- justice, stability, freedom, efficiency? Explain in one or two sentences.
3. Appropriate Legal Analogies - Does the application of the rule and the case make sense to you? Was it appropriate to apply those rules/cases? Explain in two or three sentences.
4. Missing Information - What questions would you have liked to ask to help you understand the reasoning of the opinion?
How to Phrase an Issue
An issue should be phrased as a closed ended question that can be answered "yes," "no," "maybe" or "probably not." A well-phrased issue includes mention of the law that applies, the precise question involved and the most important (or "key") facts. It enables the reader to see at a glance what the case is all about.
Here is an example of a thoughtfully drafted issue:
Under the Nebraska Probate Code [the law], is the execution of a will valid [the precise question] if one of the witnesses is present in the room when the testator signs but does not actually see the testator sign [the key facts]?
Attachment:- Boomer-v-Atlantic-Cement.rar