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briefingassignmentlbaw210spring2019.pdf

BUSINESS LAW 210/5 Spring 2019 B CONTRACTS BRIEFING ASSIGNMENT Dr. Janice Smith-Hill DUE: April 11, 2019, at 2:00 p.m.; submitted via

Blackboard only; ALSO save a hard copy.

24 Points Total __________________________________________________________________

THIS IS A REQUIRED INDIVIDUAL CLASS ASSIGNMENT that relates to and

integrates your reading and case review practice thus far in our course, and asks you to Abrief@ ONE (1) very important case listed below and posted with this assignment sheet on

BLACKBOARD. Note: Appendix 1 (A-1) at the back of your textbook includes a sample of a

briefed case with somewhat different steps than we use, but, is a good example to review. The

basic information that you will write using our format (7 steps) below, is similar in the sample.

The legal content area for the one (1) case to be briefed deals with the application of California

law as applied to a contract/user agreement on eBay,Inc., and intentional interference with

economic advantage in tort law, both areas very important to the business environment. The

subject matter of the case is timely and quite interesting, and, comes from our Ninth Circuit

Court of Appeals. Please pay attention to how the Ninth describes what went on in the lower

court, and what brought the case up to the Ninth Circuit. Your brief will include the seven (7)

exactly titled steps as listed below, and, the answer to personal opinion question #8. You are to

follow exactly these Ashort-form” briefing steps that form the format.

BRIEFING FORMAT

1. Give the case citation/name (case heading) of the case with the parties: example, Smith v. Jones, 189 Wash.2d 334, 789 P.2d 56 (1994).

2. Statement of the facts: Briefly state the facts of the case in 6-8 lines.

3. Procedure: How did this case get to the Court that wrote the opinion you are reading? Ex.,

AThe Trial Court found for the Plaintiff, and, the Defendant appealed to the Washington State Supreme Court.”

4. Issue(s): Legal question(s) that this Court is asking in this case. Ex., AIf a signor to an alleged contract has no understanding of the legal consequences of his action, is the contract

enforceable?@ NOTE: this is not fact/case specific, and, it is in the form of a legal question that could be applied to other cases.

5. Holding: In its shortened form, this is the Ayes@ or Ano@ answer to the issue(s) presented. 6. Reasoning: The reasoning the Court uses to arrive at its conclusion and opinion. This

should be a short explanatory paragraph that covers all the important issues (10-12 lines,

depending on the complexity of the case and issue(s)). YOUR opinion is not relevant here.

7. Decision (Judgment) /remedy: BRIEF statement stating the conclusion of the Court B who won/lost, and, what action, if any, needs/is ordered to be taken? (Ex., a summary judgment

decision on appeal may be reversed and remanded to the Trial Court for a trial; OR, a decision of

the Trial Court could be reversed or affirmed B as we discussed in class.).

8. Non-briefing, personal opinion question: What are your personal thoughts about this case

and the legal issues presented? Would you have decided this case differently?

Blaw 210/5

Spring 2019 – page 2

DIRECTIONS: When you are preparing this assignment, your brief should be ONE (1) page

or less, ONE (1) side only. You will need to single space within each of the seven (7) briefing

steps and question eight (8), and, double space between the numbered steps. Please use 12-

point type; BE SURE to place your full name, ID number, section number and date, on your brief

itself. NO cover sheet is necessary. Do your own work! Your contracts case from our Ninth

Circuit Court of Appeals selected for briefing is:

1. Block v. eBay, Inc., No. 12-16527 (9th Cir. 2014)

GRADING: The brief is worth 24 points. NOTE: Above all, do your own work. Do not

share information with anybody, do not show your brief to anybody, and, do NOT use the

internet or other sources for already prepared, Acanned@ case briefings and other aids. The use of those materials constitutes plagiarism, is a violation of the student honor code, AND, will

result in an AF@ for the entire course. Use your own words unless you are quoting directly from the case properly with the source cited.

Your work will be evaluated on the following factors: proper analysis; completeness; clarity and

succinctness; following instructions; getting the correct issue(s) and format of the brief; writing

in complete, grammatically correct sentences; quoting sources correctly, etc. You will lose

points for failing to get the issue(s) and other sections of the brief correct in form and substance.

Please note that in stating the issue(s), you cannot be case-specific: this is a general legal

question that can be applied to other similar cases. Again, the brief should be no longer than

one (1) page in length, 12-point type B single spaced within paragraphs, and, double spaced between the seven (7) separate sections and question #8. All work must be word processed neatly

and thoroughly proofread. No hand-written briefs will be accepted. NOTE: Briefs are due on

April 11, 2019, by 2:00 p.m., submitted ONLY via Blackboard. Absolutely no late briefs

will be accepted after the posted deadline of November 13th, 2:00 p.m., for any reason. DO

NOT email your briefs or hand in hard copies; submit via Blackboard. This is a crucial

assignment that directly relates to student learning outcomes 4 and 5, page 3 of our Syllabus.

GOOD LUCK!