Case law analysis: Judicial concepts
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Context.docxContext
The U.S. legal system is often misunderstood. In the United States, jurisprudence is a result of centuries of commercial disputes, transactional lawsuits, scholarly opinions, and, interestingly, centuries of developed systems of law from Great Britain.
Read the Assessment 1 Context document for important information related to the following topics:
· Common Law Tradition.
· Role of the Judicial Branch.
· Parallel Systems.
· Alternative Dispute Resolution.
Questions to consider
To deepen your understanding, you are encouraged to consider the questions below and discuss them with a fellow learner, a work associate, an interested friend, or a member of the business community.
· What are some of the differences between the models for law systems throughout the world? What are some of the benefits of each? What are some of the disadvantages of each?
· What is the difference between procedural rules and substantive rules? Which are more important for the average person in society to know? Why?
· How is your country's legal system connected to business, and what is its impact? Is it favorable to the growth of business, or unfavorable? Does it protect some but not others? Does the legal system foster the goal of resolving disputes promptly, equitably, and peacefully?
Suggested Resources
The following optional resources are provided to support you in completing the assessment or to provide a helpful context. For additional resources, refer to the Research Resources and Supplemental Resources in the left navigation menu of your courseroom.
Capella Resources
Click the links provided to view the following resources:
Capella Multimedia
Click the links provided below to view the following multimedia pieces:
· Analyzing a Case Law | Transcript.
. Throughout this course, you will be required to submit case law analysis papers. This multimedia presentation points out key areas of a case law. Use this presentation to help you complete your case analyses. Refer to this media as often as you need to.
· Business Law Foundational Concepts | Transcript.
. This media piece offers interactive flashcards that you can use to learn (or review) foundational terms and concepts in business law. Refer to this study aid often and as needed.
Library Resources
The following e-books or articles from the Capella University Library are linked directly in this course:
· DuBoff, L. D. (2004). The law (in plain English) for small business . Naperville, IL: Sphinx Publishing.
Course Library Guide
A Capella University library guide has been created specifically for your use in this course. You are encouraged to refer to the resources in the BUS-FP3021 – Fundamentals of Business Law Library Guide to help direct your research. Pay particular attention to the Capella University Library Legal Research Library Guide linked within.
Internet Resources
Access the following resources by clicking the links provided. Please note that URLs change frequently. Permissions for the following links have been either granted or deemed appropriate for educational use at the time of course publication.
· Nolo. (2013). Nolo law for all . Retrieved from http://www.nolo.com
. This resource provides helpful background on a range of legal issues. You may find the Free Legal Information section of the site particularly helpful.
Your assessments throughout this course will be case law analysis papers based on real-world court decisions you will choose and research independently. The following suggested resources provide helpful methods of locating relevant cases:
· FindLaw. (2013). US Supreme Court opinions . Retrieved from www.findlaw.com/casecode/supreme.html
· Cornell University Law School – Legal Information Institute (LII). (n.d.). Supreme Court: Most recent decisions . Retrieved from www.law.cornell.edu/supct
· Nolo. (2011). US Supreme Court center . Retrieved from http://supreme.nolo.com
· Oyez, Inc. (2011). U.S. Supreme Court media – Cases . Retrieved from http://www.oyez.org/cases
Bookstore Resources
The resources listed below are relevant to the topics and assessments in this course and are not required. Unless noted otherwise, these materials are available for purchase from the Capella University Bookstore. When searching the bookstore, be sure to look for the Course ID with the specific –FP (FlexPath) course designation.
· Miller, R. L., & Cross, F. B. (2018). The legal environment of business: Text and cases (10th ed.). Boston, MA: Cengage.
Assessment Instructions
The purpose of this format is two-fold:
1. To give you the opportunity to research and investigate a real court decision.
2. To challenge you to think about the business implications of the case, and specifically how the case will impact an actual organization.
In your case law analysis, you must be able to navigate the court's decision, and summarize and evaluate it. You may choose any business-related court case, either state or federal, as the basis for your case law executive briefings, as long as the case is applicable to the assessment topic. You are expected to conduct your own independent research to locate and evaluate the applicability of cases. A few appropriate case law websites are recommended for you in the Resources, but you are not limited to using cases from these sites.
For this assessment, use credible legal research databases and online resources, research federal and state court cases, and select any business-related case that has been decided by a state court, a federal court, or the United States Supreme Court. Then select an organization (potentially the organization for which you work) that you believe the selected case might impact. Write an executive briefing that addresses the following:
1. Articulate the context and relevance of law in a business environment:
. Identify the parties who are before the court.
. Provide a brief background and context associated with the case. Summarize the facts in no more than 2–3 paragraphs.
. Identify the specific disagreement between the parties.
. Explain the ruling of the court and its business relevance in no more than 1–2 paragraphs. Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision.
· Evaluate the business impact of the case:
. Summarize your analysis of how the case will impact businesses in general, including both positive and negative impacts.
. Indicate the organization you selected as potentially impacted by the case, and why you selected that organization.
. Explain how the case will impact the specific organization you selected, such that the executive team will understand the implications of the legal decision.
Based on your executive audience, your executive briefing should be no more than two pages, and should be well organized and written in clear, succinct language. Follow APA rules for attributing sources that support your analysis and conclusions.
Academic Integrity and APA Formatting
As a reminder related to using APA rules to ensure academic honesty:
1. When using a direct quote (using exact or nearly exact wording), you must enclose the quoted wording in quotation marks, immediately followed by an in-text citation. The source must then be listed in your references page.
2. When paraphrasing (using your own words to describe a non-original idea), the paraphrased idea must be immediately followed by an in-text citation and the source must be listed in your references page.
