writing assignment one

Writing Assignment

There are three written assignments in this course. Please consult the syllabus and the D2L calendar for deadlines and assignment weight. You will be permitted to drop one writing assignment. Before beginning the first assignment, please read the following for guidance:

1. CONTENT

a. Your paper will be graded for proper grammar. Do not start your paper with “I am going to discuss”. Every student in this class has access to Grammarly. Make sure you use it. Proofread your paper and have a friend or family member proofread your paper.

Review your paper for:

organization (clarity, logic), grammar, spelling, avoid run on sentences and fragments, avoid usage of passive voice, and be sure to capitalize proper nouns.

b. Each writing assignment must be typed, double spaced, and use size 12 font with 1” margins and at least 800 words for the content alone. All paragraphs should be in a justified format. This word requirement does not include your citation to the source(s).

c. You may use a block format or, you may indent. If you choose to ident, the first line of each paragraph must be indented by 0.5”. The paper must be submitted through the D2L dropbox feature.

d. All work needs to be your own. Answer in your own words. Do not copy and paste from the case and do not use quotes. I do not expect you to be lawyers but do expect you to really dig in to facilitate valuable growth in critical thinking and communication skills. This may be challenging at first but stick with it! It can be very rewarding to see your case analysis skills and legal terminology improve over the semester!

e. Originality Check and Word Count is enabled for each assignment. No quotes allowed. The entire writing assignment must be in your own words. The plagiarism software will be turned on so NO QUOTES, NO COPYING AT ALL. You can check your own originality count. If you do not know how to do that, contact the MTSU Help Desk online (24/7) or at 1-615/898-5345.

2. CASE BRIEFING AND ANALYSIS

I understand that you are not attorneys. However, I do want you to be able to learn how to structure an analysis of a case. Each writing assignment will include a case “briefing” to structure your analysis. You will then be called upon to apply that case to a fact pattern. Your case briefing should use the following format:

Case Name
LEGAL COGNIZANCE	1. What are the facts? Your boss heard about this case but does not know the details. Describe the case to him or her. Address the following: · What are the key facts? · Who filed the initial lawsuit and for what reason(s)? · Did the defendant file a counterclaim against the plaintiff, and if so, for what reason(s)?
	2. What type of lawsuit did the plaintiff file and how did the lower court(s) rule? The cases included in the textbook are from an appellate court; i.e., there was at least one prior ruling from another, lower court that is being appealed. Describe the legal actions that happened up to the point of this appeal (Case Posture) (see the paragraph(s) at the end of the FACTS): · Who filed the initial lawsuit? · What was the initial legal claim(s)* filed by the plaintiff (e.g. fraud)? · What remedy was the plaintiff seeking (e.g. recission of the contract)? · If the defendant filed a counterclaim against the plaintiff, what type of legal claim did the defendant make? · How did the initial court (or magistrate or arbitrator) rule? If more than one court, how did each court rule?
	3. What court wrote this Opinion and what was the legal issue on appeal? Describe which party appealed and to which court, as well as the legal question this Court was addressing (read and synthesize from the paragraphs at the end of the FACTS, the OPINION and the INTERPRETATION): · Who filed the appeal? · What is the name of the court in which the appeal was filed (i.e. which court rendered the Opinion in this case - see the light blue banner) (the “Court”)? · What was the issue on appeal (i.e. the legal question(s) the court addressed in its opinion (e.g. whether silence about a material fact can amount to fraud)?
	4. What legal rule(s) did this Court reference to make its decision? Search for ALL of the legal rules referenced by the Court, such as the elements of the legal claim or the statute (see the Opinion section of this case). You may quote directly from the case here – just be sure to include parentheses around your quotes.
EXPAND PERSPECTIVE	5. What were the Plaintiff’s Legal Arguments?

	• What legal arguments did the plaintiff make as to why the plaintiff should prevail on appeal? (You may have to infer from the Opinion)
	6. What were the Defendant’s Legal Arguments? • What legal arguments did the defendant make as to why the defendant should prevail on appeal? (You may have to infer from the Opinion)
	7. What was this Court’s Decision and Reasoning? Describe the final decision of this Court and WHY if ruled this way: · What was the final decision of this Court? · Summarize how the Court applied the facts to EACH element of the applicable rule(s) to make its decision.
BE CURIOUS AND SEARCH FOR KNOWLEDGE	8. Search for Answers: What are you curious about and what did you find from your search? Pose your OWN question and search for an answer in the case through Westlaw Campus research. For example, suppose you are puzzled by the court’s decision and you want to read additional facts and explanations that are not in the abstracted version. Perhaps you are curious if this issue was decided differently by a court in another state. To look up this case in Westlaw Campus Research database (in the Library tab) enter one of the case citations in the light blue banner (e.g. 193 Cal.Rptr. 130 is one of the citations for the Reed v. King case on page 233). In your answer, address: · What question did you ask? · Describe what you discovered (cite the other case if you looked up another case, or reference the page number if you found information in this case?
THINK CRITICALLY	9. What evidence was key to the outcome? • What facts were key to the outcome in this case?
	10. Change up: What if the facts were different? • Pose the question: What if the facts were different? Create changes to the facts that would probably have resulted in a different outcome of the case and explain why this would have made a difference.
	11. What is the impact? • Consider the ethical, legal, business, and societal impact of this decision. Do you agree or disagree with the outcome? Why or why not?
THINK STRATEGICALLY	12. What are your insights and recommendations? · How can you apply the insight you have gained to your future career or business transactions? · What do you recommend to businesses as a proactive legal/business strategy in light of the outcome in this case?

FAQs:

What can I do to best prepare myself for class?

I FIND RE-READING THE CASE TWO TO THREE TIMES FOR A CLOSER READING OF THE DETAILS IS MOST HELPFUL FOR ME.

What is the best source to learn court system and legal terminology?

I really like the U.S. Supreme Court website located at https://www.supremecourt.gov/ It has sections about the justices and frequently asked questions. The coolest thing to me is that it has the actual AUDIO from the arguments before the court. For example, under the tabs Oral Arguments/ Argument Audio, you will find a case Thole v. U. S. Bank, N. A. Click on this and you can hear the recent arguments about a claim against the trustee who lost over $750,000 in this pension fund. Another quick source to get an overview of the civil court system is https://civilprocedure.uslegal.com/trial/

Also, don’t forget your textbook. Scan chapters 1,3, and 6 for an introduction to the law and overview of the civil and criminal process if you need a refresher of basic legal terminology.

What is the difference between "legal claims" in question 2 and "legal arguments" in questions 5 and 6?

Question 2 asks about what the legal claim(s) the plaintiff filed initially. Every case has to be filed based on one or more legal claims or remedies. For example, a personal injury suit may be filed for “negligence”. A party may file a contract claim for breach of contract or for fraud in formation of the contract. In response, the defendant may file a counterclaim against the plaintiff, which is a lawsuit against the plaintiff. For instance, in an automobile accident, the plaintiff may file a claim against the defendant alleging the defendant was negligent and caused the injuries. In response, the defendant may file a counterclaim alleging the plaintiff was negligent and caused the injuries.

In comparison to the legal claim and counterclaim, Questions 5 and 6 probes into why the party should prevail on this appeal. The appeal was filed to address some error alleged in the lower court ruling or to interpret the law in that jurisdiction. Thus, each party presents legal arguments as to the issue on appeal and why it should prevail on appeal.

Example: Read the Rubin v. Yellow Cab case on page 634 in your textbook.

For Question 2 the plaintiff's legal claim was that Yellow Cab should be liable as the employer under the doctrine of respondeat superior because Ball, the driver, was an employee of Yellow Cab and was on duty when he hit the plaintiff with a metal pipe.

For Question 5 and 6, you will elaborate on the arguments for each party. Sometimes, the case does not go into detail as to what one of the party’s argued. In many instances, we have to infer based on what the judge wrote or what could be a reasonable inference from the facts and legal issues. For example, in the Rubin case again:

To address question 5, Rubin argued that the driver, Ball, committed the battery within the course and scope of his duties as a cab driver and his actions were designed to further the business of Yellow Cab. Specific points argued by Rubin were that Rubin was (1) investigating the accident (2) protecting Yellow Cab's property, and (3) preventing plaintiff and others from deterring his progress to the airport to obtain more fares.

In response to question 6, Yellow Cab's argument was that the doctrine of respondeat superior did not apply because Ball's action was outside the course and scope of his employment duties. We also make reasonable inferences based on what the judge said in the Opinion for the defendant’s arguments (since the judge discussed these points): the defendant possibly argued that Rubin was not impeding the investigation of an accident; the damage had already been done so Rubin was not protecting Yellow Cab's property, and the delay to the airport had already occurred due to the accident so hitting Ball with a metal stick was not preventing further progress to the airport.

WRITING ASSIGNMENT ONE

Part One: Brief and analyze Fox v. Mountain West Electric, Inc. (See, pp. 191-192 in your textbook ).

Part Two: Apply what you learned in Fox v. Mountain West Electric, Inc. to the below fact pattern.

The Case of The Big Keychain

Background:

Annette Cardwell works as a software engineer for Boeing Aerospace. She and her husband have 4 children under the age of 12. They are also raising 3 nieces and nephews due to the untimely death of Ms. Cardwell’s sister and husband 2 years ago.

The family’s circumstances make budgeting a priority. Mr. Cardwell does most of the shopping and has joined every discount and reward program he can. His keychain has fabs from Speedway, Thornton’s, Publix, Kroger, Aldi’s and about 5 other retail stores. He is constantly complaining about the size of his keychain.

Annette used her software skills to come up with a solution. She developed an electronic fab that permits the data from each fab to be scanned and uploaded into a single, small device that easily slides onto her husband’s keychain. The concept worked so well that she decided to market the device and sales have been overwhelming and she cannot keep up with demand.

Mr. and Mrs. Cardwell were recently approached by a large electronics manufacturer who is interested in purchasing the rights to manufacture and sell her invention. She has retained YOU to advise her regarding the sale and purchase of her concept. She wants to know what laws will apply in the event she is able to reach and agreement with the potential purchaser.

Question :

What laws will apply to the potential sale of the concept? In your answer, use the court’s decision in Fox v. Mountain West Electric, Inc. to support your argument.