Business law cas study

Reproduce this WHOLE chart, replacing the questions in the center section with your answers to my questions. Categories Information Use YOUR OWN words!! Points Case Info Name of the case. Identify P and D. Citation, court and date 0 Names of the Courts WEB SITE ADDRESS OF THE COURT SYSTEM: Look up the courts in your case on their Web site(s). Put the Web address here. Use the site to determine whether the courts are trial, intermediate appellate, highest appellate or other. (10) Go to the Web site for the state or federal court system you case is from. Then figure out what the progression of courts is. TRIAL COURT: INTERMEDIATE APPELLATE COURT (if there is one): HIGHEST APPELLATE COURT (if there is one): Insert the names of other courts if there are more than three. If you are confused, SEE ME; I WILL HELP YOU! If you get this wrong, it is possible to fail the assignment by virtue of a domino effect. Facts In your own words Tell us a story in plain English. Present the facts in a concise fashion. Do not give extraneous facts; give only the ones that support or contradict the rule of law and its elements. Add others only as needed to make the case interesting or more understandable. Summarize--short and to the point. The facts end when the lawsuit begins. Do NOT use the names of people or businesses. Say lender/car owner; buyer/seller; home owner/contractor, etc. Do NOT use Plaintiff or Defendant instead of buyer/seller. Round off dates. Give time periods in amount of time elapsed, e.g. 2 weeks, not Jan 28 to Feb 11. Round off dollar amounts to even amounts, e.g. $8.50 = $10; $24.32 = $25; $397,034.85 = nearly ½ million dollars; $1, 826 743 = $1.8 million; etc. Round off weights and other measurements and other numbers. (5) Rule of Law In your own words From the textbook, it is the rule the case is intended to illustrate. The rule is usually in the text immediately preceding the case. List the elements. If the exceptions to the rule apply to your case, give them; otherwise do not. Sometimes the case is really about another rule of law. If so, use that. Did this case change the rule? Rule of law before this case was decided: (You’ll find this in the opinion if this case changed the rule of law.) Rule of law after this case was decided: Explain the precise rule of law along with its exception(s), if applicable. (15) Definitions In your own words Explaining the Rule of Law DOES NOT COUNT for points in this category. Look up new words in a law dictionary AND an English dictionary. Even common English words have different definitions in the law. Every case has at least one word or legal term to look up. Write all definitions in your own words. (5) Issue In your own words What are they fighting about? The issue is always stated as a question that refers to one or more of the elements of the rule of law. State in generic terms, NOT using names from the case. What ambiguity in the rule of law are they arguing about? The definition of a word or a phrase? From a statute or case? The interpretation of a statute? Do not put facts here. (10) Trial Court Argument In your own words Fill in the name of the court PLAINTIFF’S LEGAL ARGUMENT: What did the P claim? What rule of law does the P think the D broke? Which element(s) in particular? (Often this must be inferred--read between the lines. Most of the time you can figure it out.) What LEGAL reasons does the P use to support why he thinks that the D should be held legally responsible? Give the LEGAL argument by presenting the rule of law to support that legal argument. Then use the facts to support that argument. Just giving the facts here will result in a loss of points, domino style, because most of the following sections are tied together. Miss this and you will miss them. Can’t get it? Try harder; then come see me; I’ll help you. (5) Trial Court Argument In your own words Fill in the name of the court DEFENDANT’S LEGAL ARGUMENT: What did the D claim? Sure, the defendant said he didn’t do it; but, what rule of law does he think explains why he is not LEGALLY responsible? Which element(s) in particular?(Again, this often must be inferred.) What LEGAL argument is the D making? Give the LEGAL argument by presenting the rule of law to support that legal argument. Then use the facts to support that argument. Just giving the facts here will result in a loss of points, domino style, because most of the following sections are tied together. Miss this and you will miss them. Can’t get it? Try harder; then come SEE ME; I’LL HELP YOU. (5) Ruling of Trial Judge Fill in the name of the court In your own words In whose favor did the trial court judge rule? Why? What were the rules of law that support the trial court judge’s decision? Why did he reject some rules of law? Which element(s) in particular? (5) Who Appealed WHO APPEALED? Why? Almost all of the cases you are reading have been appealed. The one who appealed is called the Appellant. Sometimes this means that the Plaintiff and the Defendant will switch roles. But to keep us straight on who is who, use buyer/seller; home owner/ contractor, throughout your report. What is being appealed? The judge’s ruling on a motion or a final judgment? Tell us about it. Please note that if you do not understand what has happened with this case, you will not only lose points here, but you will lose points in the next few sections, because they are interrelated. If you have looked up all the words you do not understand in a legal dictionary and an English dictionary and you still do not understand what has happened, come to see me. I will be happy to help you. (5) Intermediate Appellate Court Argument In your own words Fill in the name of the court APPELLANT’S LEGAL ARGUMENT: What LAW does the Appellant claim the trial court judge used incorrectly? Which element(s) applies(y)? If the Appellant is appealing the judge’s ruling on a motion, he thinks that the judge used the wrong rule of law to make his/her decision on a motion during the lower court trial. If he is appealing the final judgment, he thinks that one or more of the rulings on motions during the trial was made using the wrong law as a basis. The appellant sometimes thinks that the judge gave the jury the wrong instructions. What LAW does the Appellant think should have been used? (Remember the Appellant can only appeal on errors of law that the trial judge made.) Give the LEGAL argument by presenting the rule of law to support that legal argument. (10) Intermediate Appellate Court Argument In your own words Fill in the name of the court APPELLEE’S LEGAL ARGUMENT: The appellee will usually think everything’s OK. He will defend his opinion by saying why he thinks the judge was right. What LEGAL argument does he think supports the judge’s decision? Give the LEGAL argument by presenting the rule of law and the correct element(s) to support that legal argument. Then use the facts to support that argument. (10) Ruling (opinion or holding) of Intermediate Appellate Court Fill in the name of the court In your own words In whose favor did the appellate court rule? Why? What was the LEGAL reasoning behind their decision? Why did they reject the other legal arguments? Which element(s) in particular? (5) Who Appealed WHO APPEALED? Why? Not all of the cases you are reading have been appealed to the highest appellate court. Still remember to keep us straight on who is who, stick with buyer/seller; home owner/ contractor. What error of law is being appealed? A motion or a judgment? See the appeals section above for more instructions. Highest Appellate Court Argument In your own words Fill in the name of the court APPELLANT’S LEGAL ARGUMENT: What LEGAL error does the appellant claim the trial court judge or the appellate court made? Give the LEGAL argument by presenting the rule of law to support that legal argument. Which element(s) in particular? Then use the facts to support that argument. See the appeals section above for more instructions. Highest Appellate Court Argument In your own words Fill in the name of the court APPELLEE’S LEGAL ARGUMENT: What did the appellee claim? What LEGAL or social argument does he think supports the judge’s decision? Give the LEGAL argument by presenting the rule of law to support that legal argument. Which element(s) in particular? Then use the facts to support that argument. See the appeals section above for more instructions. Ruling of Highest Appellate Court In your own words Fill in the name of the court In whose favor did the highest appellate court rule? Why? What was the legal reasoning behind the highest appellate court’s decision? Why did they reject the other legal arguments? See the appeals section above for more instructions. Your Opinion Answer these questions: Do you think the judge’s opinion was fair? Was justice rendered? Was the case well written and well organized? Was it easy to understand? It’s OK to say it was not well done. HOW does the case reflect, support, or contradict social policies, ethics, morals, and values of American society? It does, think again! Then volunteer some other opinion you have. (5) If you were CEO If you were CEO of a business, how would you use the legal knowledge gained from this case to change your business policies and practices to PREVENT your company from being hit with a similar costly lawsuit? (5) Points Deducted This center section needs to be copied onto your paper. Total points deducted from above categories. For late papers, deduct Date Due__________________(fill this in) Date Presented___________________ (-25) If you copy the judge’s words, DEDUCT (-15) If you copy copyrighted words, DEDUCT (-100) If you do not follow directions, DEDUCT No attachments -5 Incomplete chart -5 Not all stapled together with one staple -5 Using people’s names -5 Using of plaintiff or defendant; appellant, appellee, etc. -5 Not rounding off dates and/or numbers -5 Other -5 (-30) For every grammatical and spelling error, DEDUCT (-1) If you read or give a memorized presentation (-15) No oral report (-25) For every minute you go over the 5 minute limit Time started_______________Time ended__________ (-1) Final Grade for Case Study: DOUBLE CHECK my math. 9 For each of the word problems, use a solution sheet to do the hypothesis test. The solution sheet is found in Appendix E. Appendix E attached as PDF. 9.5 - #74 A particular brand of tires claims that its deluxe tire averages at least 50,000 miles before it needs to be replaced. From past studies of this tire, the standard deviation is known to be 8,000. A survey of owners of that tire design is conducted. From the 28 tires surveyed, the mean lifespan was 46,500 miles with a standard deviation of 9,800 miles. Using alpha = 0.05, is the data highly inconsistent with the claim? 9.5- #75 From generation to generation, the mean age when smokers first start to smoke varies. However, the standard deviation of that age remains constant of around 2.1 years. A survey of 40 smokers of this generation was done to see if the mean starting age is at least 19. The sample mean was 18.1 with a sample standard deviation of 1.3. Do the data support the claim at the 5% level? 9.5- #78 The mean number of sick days an employee takes per year is believed to be about ten. Members of a personnel department do not believe this figure. They randomly survey eight employees. The number of sick days they took for the past year are as follows: 12; 4; 15; 3; 11; 8; 6; 8. Let x = the number of sick days they took for the past year. Should the personnel team believe that the mean number is ten? 9.5- #79 In 1955, Life Magazine reported that the 25 year-old mother of three worked, on average, an 80 hour week. Recently, many groups have been studying whether or not the women's movement has, in fact, resulted in an increase in the average work week for women (combining employment and at-home work). Suppose a study was done to determine if the mean work week has increased. 81 women were surveyed with the following results. The sample mean was 83; the sample standard deviation was ten. Does it appear that the mean work week has increased for women at the 5% level? 9.5- #80 Your statistics instructor claims that 60 percent of the students who take her Elementary Statistics class go through life feeling more enriched. For some reason that she can't quite figure out, most people don't believe her. You decide to check this out on your own. You randomly survey 64 of her past Elementary Statistics students and find that 34 feel more enriched as a result of her class. Now, what do you think? 9.5- #81 A Nissan Motor Corporation advertisement read, “The average man’s I.Q. is 107. The average brown trout’s I.Q. is 4. So why can’t man catch brown trout?” Suppose you believe that the brown trout’s mean I.Q. is greater than four. You catch 12 brown trout. A fish psychologist determines the I.Q.s as follows: 5; 4; 7; 3; 6; 4; 5; 3; 6; 3; 8; 5. Conduct a hypothesis test of your belief.