Homework
The Homework should consist of a Word Document. It should include a summary of the relevant facts, the law, judicial opinion and answer the case questions. All that is necessary for an understanding of the case is important and required.
Utilize the case format below.
Case Analysis Format
Read and understand the case or question assigned.
Case: Nemet Chevrolet, Ltd. V. Consumeraffairs website, Inc.
Show your Analysis and Reasoning and make it clear you understand the material. Be sure to incorporate the concepts of the chapter we are studying to show your reasoning.
Dedicate at least one heading to each following outline topic:
Parties [Identify the plaintiff and the defendant]
Facts [Summarize only those facts critical to the outcome of the case]
Procedure [Who brought the appeal? What was the outcome in the lower court(s)?]
Issue [Note the central question or questions on which the case turns]
Explain the applicable law(s). Use the textbook here. The law should come from the same chapter as the case. Be sure to use citations from the textbook including page numbers.
Holding [How did the court resolve the issue(s)? Who won?]
Reasoning [Explain the logic that supported the court's decision]
Do significant research outside of the book and demonstrate that you have in an obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area.
Show something you have discovered about the case, parties or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case.
Dedicate 1 heading to each of the case question(s) immediately following the case,Be sure to restate and fully answer the questions
Questions: CRITICAL THINKING ABOUT THE LAW
Analogies are a standard method for creating a link between the case at hand and legal precedent. Wickard v. Filburn is a long-established precedent. The court's reasoning in Case 5 to 2 is that the use of medicalmarijuana by the plaintiffs is sufficiently similar to the facts in Wickard to rely on this precedent.
I. What are the similarities between the case at hand and Wickard? Clue: Try to make a large list of similarities. Later after you have made a large list, think about the logic the analogy is trying to support. Eliminate those similarities that do not assist that logic because they are not relevant to an assessment of the quality of the analogy.
II. Are there significant differences that the Court ignores or downplays? Clue: First think about the purpose this analogy is serving. Then think about the differences in the facts for this case and the facts for Wickard.
Wrap up with a Conclusion. This should summarize the key aspects of the decision and your recommendations on the court's ruling.
Format your homework according to the give formatting requirements:
1. The answer must be double spaced, typed, using Times New Roman font (size 12), with one-inch margins on all sides.
2. The response also includes a cover page containing the title of the homework, the course title, the student's name, and the date. The cover page is not included in the required page length.
3. Also include a reference page. The references and Citations should follow APA format. The reference page is not included in the required page length.
Book Reference:
Kubasel, N. K., Brennan, B. A., Browne, M. N. (2017). The Legal Environment of Business: Critical Thinking Approach. pp. 321-325.
Attachment:- Reading-Case.rar