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]
- 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.
- 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.
- Quality in terms of substance, form, grammar and context. Be entertaining! Use excellent audio-visual material and backgrounds!
- Wrap up with a Conclusion slide. This should summarize the key aspects of the decision and also your recommendations on the court's ruling.
- Include citations on the slides and a reference slide with your sources. Use APA style citations and references.
These are the areas we are studying for this week
The Law of Torts
Product and Service Liability Law
Environmental Law
In 2002, Mayóla Williams, the widow of a man who smoked as many as three packs of Marlboro cigarettes a day for almost 50 years, sued Philip Morris USA for the torts of negligence and fraud. Williams's husband had eventually died from a smoking-related disease. Williams argued that the products produced by Philip Morris were a cause of her husband's death. The case was important because it could have redefined how large punitive damages ought to be against tobacco and other large and powerful corporations in product liability cases. In 2006, the Supreme Court of Oregon awarded Williams $800,000 in compensatory damages and $79.5 million in punitive damages.
Philip Morris appealed the court's decision, arguing that punitive damages should more equally fit the actual damages suffered. In other words, Philip Morris argued that the amount of the punitive damages should be based on the damages only the plaintiff in the instant case suffered, rather than any damages that other users of the product (who were not in court) might have suffered. What could be the dangers of punishing the defendant for the damage the defendant has caused to individuals who are not in court? How did the Supreme Court decide in this case? Philip Morris USA et al. v. Williams, et al, 127 S. Ct. 1057, 549 U.S. 346 (2007).