How to write a case review assignment

1. TITLE 2. INTRODUCTION: * Which court decision has been discussed here? * What is the case about? * What are you going to discuss in each chapter/section 3. THEORY and/or CONCEPTUAL FRAMEWORK * Explain the theory or concepts, or define the legal terms that are important for understanding the case and they are usually provided in the book. For example: * What does the concept ‘negotiations’ mean? * Explain the link between these concepts 4. THE PROBLEM [that the Court has to deal with] * What is the problem that the Court has to deal with/solve? * For example: the application of Art. 74 CISG regarding the delay in delivery or defect of goods * Why is this case important? 5. FACTS of the case (What has happened?) * Who are the parties involved: who is a plaintiff – defendant; applicant – respondent * What has happened (the sequence of, for the case, important events)? 6. APPLICABLE LAW: * Which law has to be applied on this case * Explain the relevant rules (Articles) * What does this article regulates/The purpose of this article 7. POSITION AND ARGUMENTS OF THE PARTIES * Explain the main arguments and reasoning of the parties in this Court Case: * What is a point of view of each party? Explain! * What kind of reasoning each party follows? * Make link with the theory or with case law if mentioned in the case 8. FINDING OF THE COURT * Explain the REASONING taken by the COURT: * How did the Court use different views about the important phenomena and why? * What kind of (theoretical) approach(es) did the Court reviewed/investigate * What kind of different court decisions (that are relevant for the case) * Make links between these views * Draw short conclusions about each of these sections
IMPORTANT: The findings of the Court and its decision have to be in conformity with sections Theory and The Problem [that the Court has to deal with] 9. CONCLUSION (concerning the whole paper) * GIVE: * General conclusion about the Court’s judgment * Explain the link between the Court decision and the relevant theory or concepts in this case!!! * YOUR OPINION ABOUT THE CASE – court decision 10. REFERENCE(S)

Additional explanations:

* INTRODUCTION:
Do not explain what has happened in this section, i.e. what parties did or did it wrong. Tell here that this case is about e.g. sales contract between two parties (A and B) > A did not pay because B failed to deliver goods on time. The A started proceedings against B… * THEORY and/or CONCEPTUAL FRAMEWORK * EXPLAIN the concepts that are relevant for the case, i.e. that the Court has to refer to or to decide upon, and NOT the concepts that are not known to you. * For example: There are several concepts relevant in this case: contract, breach of contract, seller’s and/or buyer’s obligation and remedies... Regarding seller’s obligation to deliver goods… Buyer is obliged to provide information… But, if these obligations were not mentioned in the contract than according to the CISG… * If rules of, for example, the CISG provide explanation of certain concepts that you want to explain in this section (such as seller’s obligations in Article NN) than later in section Applicable law you do not need to describe/explain that article again, but only to refer to it. * Explain each of these concepts in form of a story. * Make a link between them. For example, if one of the parties does not perform according to its obligation (contract) that party has committed breach of contract… * THE PROBLEM [that the Court has to deal with]
Explain shortly what kind of legal problem the court has to decide upon. For example:
The main issues in this case concerns breach of obligations of the contracting parties and contract. The Court in this case has to decide whether the seller committed breach of contract if the buyer failed to provide information when (date) goods have to be delivered… * FACTS of the case (What has happened?)
Describe what are the most important events or actions taken of not taken by the parties. Do not write anything about their arguments: e.g. seller claims the buyer committed breach of contract because… You have to explain this in section ‘Position and Arguments of the Parties’. In this section you have to say: Party A and B concluded a contract for sale of 10 chairs. The contract was concluded in Vienna. Parties failed to mention in their contract time and place of delivery. Two days after signing a contract the seller contacted the buyer asking it to provide information regarding date, time and place of delivery. But the seller refused to provide requested information… * APPLICABLE LAW: * POSITION AND ARGUMENTS OF THE PARTIES * FINDING OF THE COURT * IMPORTANT: The findings of the Court and its decision have to be in conformity with sections Theory and The Problem [that the Court has to deal with] * CONCLUSION (concerning the whole paper) * REFERENCE(S) * Be careful: use only one referencing method, e.g. MLA or Harward.

Additional points: 1. The paper must have maximum 5 pages or around 2000 words. 2. The paper has to be delivered on time to the lecturer in the form of a hard (in mail box, Strip no. 24 [D. Urem]) and electronic copy uploaded in Dropbox of your class. 3. On the FIRST page DO NOT FORGET to write: a) the names of each student (authors) with his/her student number, b) class (ibms_2X), c) the section written by each student or her/his contribution in that section and d) a percentage of participation or contribution of each student in completion of the assignment. e) If b) and c) are not given, it will be assumed that the contribution/participation of each student in the assignment group is equal. 4. Be aware of copyright. If you want to quote some text from a book, write accurate reference (Author, Book/article, Year, Page(s)). 5. Assignment will not be evaluated if: * exceeds number of words/pages (point 1), * was not delivered on time (point 2), * a hard copy was not delivered, an electronic copy was not uploaded in Dropbox (point 2), * it contains more than 10% of similarities with other works.