Business Law

BUSL 18 Memorandum

RE: Briefing Assignment

Please brief Pearson v. Superior Court (2012) 202 Cal.Appl4th 1333 [136 Cal.Rptr.3d 455], which is posted on our Canvas page. Use the following format for your brief, including the headings . Consult your book at pages 19 - 23 and A-1 through A-3 for an explanation and an example of case briefing. You will notice that these headings are slightly different from those in your book; please use the headings below.

Pearson v. Superior Court (2012) 202 Cal.Appl4th 1333 [136 Cal.Rptr.3d 455]

Facts : (This is the “story” that gives rise to the case. What facts are at the root of the controversy? What happened that started the whole lawsuit? In this case there are not a lot of facts because the court doesn’t provide us with much detail. 10 points.)

Procedural History : (This starts when the lawsuit starts. Procedurally, what has happened in this case? Who sued whom, for what? How can a court be sued? Was there a trial or a motion? Who won it? Who is appealing? Why? 10 points.)

Issue : (This is the question that this appeals court is trying to answer by hearing this case. There may be more than one question. If so, state them all, each in a separate numbered paragraph. Look for the appellant’s appeals argument(s). The issues are often based on these arguments. The issues are questions only, no background, no answers, just questions. 15 points.)

Result/Holding : (This is the answer to the issue. If there are three issues, there will be three results. This is a good part to quote. It will be a specific answer about this case, not a general statement of law. Number these and put each one in a separate short numbered paragraph. 15 points.)

Reasoning : (The is the court’s explanation of how it went from its issue to its result/holding. This is usually the longest part of the brief. It’s the part where the justice discusses cases and/or statutes. Discuss each issue in a separate paragraph. Follow the RAC format: rule/law, analysis/application, conclusion for each issue, which is covered in chapter 1. 25 points.)

Procedural Consequences : (Look for one of these words: affirmed, reversed, modified, and/or remanded. This part is often one of these words (not always), and otherwise is usually just one or two sentences long. It is often the last sentence of the case. Sometimes it’s labeled “disposition” or “conclusion.” 5 points.)

This is the required format and is worth 20 points. Your brief should be typewritten, double-spaced, and at least two pages in length. Use a font size of 11 or 12. Underline your headings. Indent the first line of each paragraph. Pay attention to your grammar and spelling, as I will deduct points for spelling and grammar errors. I will look also for independent thinking and analysis.

This assignment assesses one of the student learning outcomes (SLOs) for our class, briefing an appellate court case. It also relates to some of the measurable course outcomes for our class:

· Evaluate the different components necessary for the formation of a valid contract

· Evaluate whether a contract has been performed or breached

· Contrast the differences between ordinary contracts and contracts for sale of goods

· Analyze and apply some of the various defenses to contract formation

Pearson v. Superior Court is an appeals court CASE. You are writing a BRIEF of this case. The brief is simply a summary of the case, written in this particular format.

Case briefs are formal documents, although they are not submitted to a court. They are simply case summaries that you prepare so you can refer back to them later. Case briefs are often prepared in law firms and legal departments of corporations and other businesses. Also, if you go on to business school or law school, you will learn by reading cases, and you will prepare for class by preparing case briefs. Since case briefs are formal documents, you must not use contractions (don’t, can’t, won’t, wouldn’t, etc.), abbreviations, or slang. Refer to the people by their last names, not their first names. Write your brief in past tense. Write out dates rather than putting them in numeric (2/23/12) form.

It is okay to quote from the case but you MUST use quotation marks if you quote. You are plagiarizing if you quote without using quotation marks. You will also be plagiarizing if you copy and paste from the case into your brief. Do not do any outside research or use any sources other than this case (you can use our textbook but just for background understanding about criminal law and procedure and the pages listed above).

Read over the case several times before starting your brief. Since you are not used to reading cases, it’s unlikely that you will understand the case the first time you read it. This is very normal! Organize before you start writing.

By Friday, November 16, at 6:00 p.m., you must submit the brief evaluation form, which is available on our Canvas page. You may use the form to evaluate your own brief, but you will benefit more if you pair up with a classmate and exchange brief drafts. Either way you will receive full credit if you submit your completed form on time. Participation in this exercise will count towards your 10% homework grade. Upload your completed evaluation as a Canvas assignment.

uploaded on the Canvas page as a MS Word (.doc or .docx) document. Name the document/attachment in the following format: Last name, First name – brief CRN. Example: Garcia, Beau – brief #2 211__. You will lose 5 points if you do not follow this format .