...How to Brief a Case Using the “IRAC” Method When briefing a case, your goal is to reduce the information from the case into a format that will provide you with a helpful reference in class and for review. Most importantly, by “briefing” a case, you will grasp the problem the court faced (the issue); the relevant law the court used to solve it (the rule); how the court applied the rule to the facts (the application or “analysis”); and the outcome (the conclusion). You will then be ready to not only discuss the case, but to compare and contrast it to other cases involving a similar issue. Before attempting to “brief” a case, read the case at least once. Follow the “IRAC” method in briefing cases: Facts* Write a brief summary of the facts as the court found them to be. Eliminate facts that are not relevant to the court’s analysis. For example, a business’s street address is probably not relevant to the court’s decision of the issue of whether the business that sold a defective product is liable for the resulting injuries to the plaintiff. However, suppose a customer who was assaulted as she left its store is suing the business. The customer claims that her injuries were the reasonably foreseeable result of the business’s failure to provide security patrols. If the business is located in an upscale neighborhood, then perhaps it could argue that its failure to provide security patrols is reasonable. If the business is located in a crime-ridden area, then perhaps...
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...HOW TO BRIEF A CASE [OR–WHY DIDN’T I CHOOSE TO GO TO MEDICAL SCHOOL] By Dana L. Blatt, Esq. You are just about to start law school. You buy all of your required casebooks [they are about two feet thick–only “slightly” intimidating], and you receive your first assignment. You are simply told, “read the first 100 pages in each book and BRIEF all of the cases!” O.K., you know how to read [hopefully], but what does it mean to “brief” a case? You have heard of “briefcases,” but that is something that you carry around. The last time you sang at a karaoke bar someone may have asked you to be “brief,” but instinctively you know that that is not the kind of brief that is being discussed here. And you may even be wearing “briefs.” But, what is a brief of a case? For that matter, what is a case? The purpose of this article is to teach exactly what briefs are, why they are important, and how to draft them. You will learn most of the various ways to brief a case, the basic elements of each brief, and how briefs are used in various contexts. Additionally, you will read sample cases and briefs of those cases in every format. By the time you finish reading this, you will be so sick of briefs, that you will wish this writing were much briefer! So, now let’s get down to business. What is a case? A “case” starts out as a lawsuit between two or more people. The parties to the lawsuit have a trial and one party wins while the other loses (or possibly there is no...
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...Macbeth a play written by William Shakespeare has the main character Macbeth suffer from the many symptoms of Brief Psychotic Disorder throughout the play. “Brief Psychotic Disorder, also known as brief reactive psychosis, is a mental disorder that is characterized by the symptoms of hallucinations and delusion. When having these hallucinations, someone might hear voices or see things that aren't there”. By looking at these symptoms, it is easily said that Macbeth has Brief Psychotic Disorder, shown through the play when he has cases of hallucinations and doesn’t act as himself, which is very common among people who have Brief Psychotic Disorder. Macbeth shows many cases of having constant hallucinations throughout the book, including when he sees a floating dagger, when Macbeth hears voices about killing King Duncan, and when he sees Banquo’s ghost at the banquet. The first hallucination Macbeth has is when he sees the dagger just before he goes to kill King Duncan. He is having the desire to kill King Duncan and starts to not act normal and says “Is this a dagger which I see before me”(2.1.44). By Macbeth seeing a floating dagger and not knowing what is going on, this is not something normal that usually happens to Macbeth and that he is not acting as himself. This...
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...Notes on Case Analysis David Robinson, September 2008 Business school cases are quite long and complicated. We study cases not so much to find the right answer, but to train ourselves in systematic analysis so we will be effective decision makers in the business world. Successful case preparation depends on multiple readings of the case and multiple points of view. Multiple Readings of the Case If you attempt to analyze a case by pulling an “all-nighter” (waiting until the last minute, spend hours poring over the case and going line by line looking for insights) you will be overwhelmed. You should plan for multiple readings of the case over several days, complemented by group meetings and discussion. Multiple Points of View Even if you are preparing to write an individual brief, you should plan to discuss a case with a study group. You’ll notice that in business the major consulting firms always assign a team of people to each client, not just their single best industry expert. The reason for this is that no one person is likely to comprehend all the problems a firm faces. No two individuals are likely to have the same insights, but the combined wisdom of a team is likely to come up with a fairly comprehensive analysis. First Reading of the Case You should read the case first on your own—if you meet with your study group and open the case book and say, “OK, what’s this about?” there is every likelihood that your team will degenerate into “group think” (one person comes...
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...Prerequisite: Management 246 or equivalent. Textbook and Other Course Materials The course text is International Business Law and its Environment, by Schaffer, Agusti, Dhooge, Cengagge Learning, (9th ed. 2015). This can be an expensive textbook so you should consider purchasing the eBook at the Titan Bookstore. Also, I will provide links to PowerPoint presentations and other select added course materials on the course website. Course Mechanics and Procedures Open-Door Policy. My policy has always been “open-door.” Therefore, you should not hesitate to contact me in person or by e-mail1 or telephone. Reading. We will cover many chapters from the text during the semester. Course readings will include chapters from the text plus the assigned cases cited below. Bring your text to all class sessions since we will refer to it frequently. 1 Please be advised that e-mails may contain confidential information such as grades. Therefore, consider whether other people (e.g., family members or employers) have access to your e-mail address before transmitting or requesting confidential information in an e-mail. Mgmt 346—Syllabus—Spring 2016 1 Teaching Methods and Typical Class Sessions. The teaching methods will be lecture...
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...Case Review Worksheet CJ/354 Week Two Worksheet Part I: Case Review Review the cases below by going to the “Detailed Contents” section of the Contemporary Criminal Law textbook. After reviewing the case, select the defense that was represented in the case from the following list: necessity | self-defense | defense of others | defense of home and property | resisting unlawful arrest | consent | duress | intoxication | mistake | age or infancy defense | entrapment | syndrome-based defenses | insanity defense | | | 1. Case 1: State v. Dejarlais State v. Dejarlais section in Ch. 8 of Contemporary Criminal Law Defense used: Consent 2. Case 2: Lopez v. State Lopez v. State section in Ch. 9 of Contemporary Criminal Law Defense used: Insanity Defense 3. Case 3: People v. Ceballos People v. Ceballos section in Ch. 8 of Contemporary Criminal Law Defense used: Defense of Home and Property, Necessity 4. Case 3: Brazil v. State Brazill v. State section in Ch. 9 of Contemporary Criminal Law Defense used: Age or Infancy Defense Part II: Short Answer Answer, in a minimum of 50 words, each of the following questions: 1. What is the adversarial system? The adversarial system, also known as adversary system. Many also refer to it as the legal system. They develop and present any arguments, gather, and submit any evidence they may have, as well as questioning any witnesses. Both parties are represented by attorneys...
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...A Framework for Case Analysis Case analysis is a problem solving process. You are demonstrating in a systematic way how you have defined a key problem/issue, identified plausible, realistic alternatives (not necessarily limited by those suggested in the case), analyzed these alternatives using common criteria, and finally developed a complete set of recommendations. This process challenges your organizational and communication skills as much as your analytical and quantitative skills. Step 1. Situation Analysis. The first step in systematically analyzing an organization's marketing problems is to conduct a situation analysis. This is not part of the written case brief but it is needed before you can begin the problem solving process. Step 2. Define the Problem/Issue. Once you have conducted a thorough situation analysis, you can identify the problem(s) facing the organization. Be careful not to assume that the characters in the case are objective or accurate in identifying the problem or make a rush to judgment about the problem. Step 3. Identify plausible alternatives. What are reasonable options for solving the identified problem? While you should at least initially consider the options discussed in the case, do not assume that these are the best or even appropriate alternatives, especially if these options are not consistent with the problem. Alternatives should be plausible, not "straw men" that are just knocked aside in order to make a bee line for some obvious solution...
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...appeals process | | Ashlee Flemimg | 2/12/2012 | Abstract An appeal in the criminal law system is a defendant’s way of challenging the court’s decision. In this paper I will discuss what an appeal is, how it factors into the overall procedures and process of the criminal system. How the appeals process may be improved. Steps in the appeals process and an example case of an appeal. And why the example case appeal did or did not succeed. Introduction A defendant can challenge is conviction by filling an appeal to have the conviction overturned. The first appeal filed in most cases in the Federal System and most State Court systems is an appeal of the Statutory Right. If they lose the appeals under the statutory right they may then appeal to the State Supreme Court or the U.S. Supreme Court. But in most cases a defendant does not have the right to file such an appeal. The Supreme Court must agree to hear the defendant’s case. But defendant needs to remember that an Appeals Court is not automatically required to review a case. What is an appeal? An appeal is a petition to a higher court for review of a case that has already been decided by a lower court of law. The petition is made for the purpose of having the lower court’s decision overturned. How do appeals factor into the overall criminal procedures and processes? Merely filing an appeal does not automatically mean that a defendant will find it easy to have the court decision reversed. It is imperative that...
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...FIN 320 Entire Course (UOP Course) For more course tutorials visit www.tutorialrank.com FIN 320 Week 1 Individual Assignment Ethics Article Analysis FIN 320 Week 1 DQ 1 FIN 320 Week 1 DQ 2 FIN 320 Week 2 Assignments from the Readings FIN 320 Week 2 Team Assignment Financial Performance Case Study FIN 320 Week 2 DQ 1 FIN 320 Week 2 DQ 2 FIN 320 Week 3 Assignments from the Readings FIN 320 Week 3 Individual Assignment Working Capital Management Paper FIN 320 Week 3 DQ 1 FIN 320 Week 3 DQ 2 FIN 320 Week 4 Team Assignment Working Capital Case Study FIN 320 Week 4 Individual Assignments from the Readings FIN 320 Week 4 Individual Assignment Utilizing the TVM Simulation Summary FIN 320 Week 4 Team Assignment Cost of Capital Memo FIN 320 Week 4 DQ 1 FIN 320 Week 4 DQ 2 FIN 320 Week 5 Individual Assignment International Risk Paper FIN 320 Week 5 Individual Assignment Financial Intermediaries Paper FIN 320 Week 5 Team Assignment Capital Investment Decisions Case Study and Presentation FIN 320 Week 5 DQ 1 FIN 320 Week 5 DQ 2 ________________________________________________ FIN 320 Week 1 Individual Assignment Ethics Article Analysis (UOP Course) For more course tutorials visit www.tutorialrank.com Locate an article regarding ethics considerations in financial management. Write a 350- to 700-word article analysis in which you address the following items: • Discuss how ethics affects the financial decision-making process. • Explain...
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...7-Eleven case study Stock rotation in convenience stores Reference Code: BPCS84 Publication Date: 01/05 www.datamonitor.com Datamonitor Europe Charles House 108-110 Finchley Road London NW3 5JJ United Kingdom t: +44 20 7675 7000 f: +44 20 7675 7500 e: eurinfo@datamonitor.com Datamonitor USA 245 Fifth Avenue 4th Floor New York, NY 10016 USA t: +1 212 686 7400 f: +1 212 686 2626 e: usinfo@datamonitor.com Datamonitor Germany Kastor & Pollux Platz der Einheit 1 60327 Frankfurt Deutschland t: +49 69 9750 3119 f: +49 69 9750 3320 e: deinfo@datamonitor.com Datamonitor Asia Pacific Room 2413-18, 24/F Shui On Centre 6-8 Harbour Road Hong Kong t: +852 2520 1177 f: +852 2520 1165 e: hkinfo@datamonitor.com Datamonitor Japan Aoyama Palacio Tower 11F 3-6-7 Kita Aoyama Minato-ku Tokyo 107 0061 Japan t: +813 5778 7532 f: +813 5778 7537 e: jpinfo@datamonitor.com ABOUT DATAMONITOR Datamonitor plc is a premium business information company specializing in industry analysis. We help our clients, 5000 of the world’s leading companies, to address complex strategic issues. Through our proprietary databases and wealth of expertise, we provide clients with unbiased expert analysis and in-depth forecasts for six industry sectors: Automotive, Consumer Markets, Energy, Financial Services, Healthcare, Technology. Datamonitor maintains its headquarters in London and has regional offices in New York, Frankfurt, Hong Kong and Japan. All Rights Reserved. No part of this publication may be reproduced...
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...2 — Individual Written Assessment Due date: Weighting: Length: Thursday of Week 8 30% 2500 words approximately ASSESSMENT 1 Objectives This assessment item relates to the course learning outcomes 1, 2, 3, 5 and 6. Required Case 1: Read ‘Resolving ethical business challenges’ on pp. 4-5 of the Ferrell, Fraedrich and Ferrell (2011) text and answer the following questions. a) Is John faced with an ethical issue or an ethical dilemma? Explain your answer. making framework in Figure 5.1 on p. 128 of the text. (1 mark) (6 marks) b) Discuss the unethical behaviour in the case using the four factors on the left of the ethical decision Case 2: Read ‘PETCO develops successful stakeholder relationships’ on pp. 458-465 of the Ferrell, Fraedrich and Ferrell (2011) text and answer the following questions. a) PETA questioned a number of practices at PETCO. Is PETA a primary or secondary stakeholder of PETCO? Justify your answer. (2 marks) b) Assess PETCO’s corporate citizenship using the four steps of social responsibility in Figure 2.3 on page 39 of the Ferrell, Fraedrich and Ferrell (2011) text. (8 marks) Case 3: a) Briefly explain how the ASX Corporate Governance Principles and Recommendations improve “transparency”. Include examples to support your discussion. (1 mark) b) Use the Connect4 database (available at the CQUniversity library website) to access the Corporate Governance Statement within the annual report of one (1) publicly listed Australian company. Discuss...
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...Selecting a media agency In association with: Selecting a media agency INTRODUCTION Whatever their size and experience, advertisers strive for quality, performance and productivity in all disciplines; and media strategy/media buying are no exception. In any discipline, questioning its process may occur at certain times in the lifecycle of an organisation, and this may lead to a media pitch. Over the past years, media planning and buying have come through many changes. Communication groups have turned their media departments into specialised companies and independent media buying shops have strengthened their skills and strategic capabilities. The companies are no longer mere buying points but real media agencies: their competencies have broadened to better meet advertisers’ needs. Today, advertisers face a highly concentrated and sophisticated media agency market, whose players have a high degree of professionalism. Selecting a business partner in this area is therefore a critical step for both the advertiser and the agency, and from both a strategic and financial perspective. In this context, this guide aims at helping advertisers and agencies to work together in an informed manner, focusing on quality and performance in their relationships. We propose methods, from defining the objectives to fine-tuning the contractual arrangements, which will allow the advertiser and its media agency to build a new relationship on solid grounds. Rather than identifying the “best”...
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...Teaching Assistants Dave Isquick (David.Isquick@mba12.mccombs.utexas.edu ) Course Objectives The primary objectives of this course are to: a) advance your understanding of concepts and tools useful in the analysis and development of pricing and distribution strategy, and b) help you develop skills and gain experience in formulating these strategies. Learning methods The course uses (a) individual and team assignments with field work, (b) case study briefs and discussions (c) lectures and discussions of readings, (d) guest speakers, and (e) a pricing simulation. The classroom environment will be very interactive, so prepare to get involved. Students come from a variety of backgrounds with a large and diverse base of knowledge and experience. Therefore, the primary role of the professor will be to facilitate discussions that bring out pertinent issues and to better frame the analyses of these issues. Required materials Case Packet: The case packet is available through www.study.net. Instructions to get materials from study.net are included in the last page of this syllabus, before the course schedule. Pricing Simulation – Universal Rental Car – Harvard Business School: Sign up instructions will be provided to you in early October. It will cost $12.50. There will be a practice round available from Nov. 4-9....
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...Proview winning others. In the end, they settled outside of court for a reported US$60,000,000. In this assignment we are going to pretend that Apple failed to pay the US$60 million to Proview, and that the two sides are going to arbitration in Hong Kong to settle the dispute once and for all. Your group will represent either Apple or Proview, and will prepare a “legal brief” for submission to the arbitration panel stating your side’s case, and providing legal research backing up your position. Instructions and Expectations a. Venue of the Case This dispute is going to take place as an arbitration in Hong Kong. Thus, the groups are to argue their sides as though you were arguing the case to a real arbitration panel.If you have any questions about what this means, please email or call Mr. Bishop. b. Oral Argument There will be no oral argument required. c. Written Argument Each group is required to turn in both a hard and soft copy of a “legal brief” explaining in writing their team’s legal argument. It is up to your group to determine how long or short to make the brief, but 8 to 10 pages is the suggested length....
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...Stepping Up to the Podium with Confidence: A Primer for Law Students on Preparing and Delivering an Appellate Oral Argument James D. Dimitri1 Virtually all law students are required to learn oral advocacy skills at some point during their legal education. Typically, these skills are cultivated through at least one oral argument assignment, which often consists of an appellate oral argument that is given as part of the students’ first-year legal research and writing course or as part of a moot court competition. While appellate courts do not grant oral argument as often as they used to,2 oral advocacy remains a critical skill for law students to learn and cultivate, no matter which facet of law practice they enter upon graduation.3 Unfortunately, the prospect of learning this critical skill through an oral argument assignment can be disquieting to students. The main reason for this unease is simple: most law students have little to no oral advocacy experience. Students may, however, ease their anxiety and ultimately deliver an excellent oral argument if they fully understand the purposes of the argument and if they thoroughly prepare for the argument. This article is targeted at oral argument novices. It discusses how you, as a beginner to appellate oral argument, may effectively prepare and deliver an argument, particularly if you are Clinical Associate Professor of Law, Indiana University School of Law – Indianapolis; J.D., Summa cum laude, 1993, Valparaiso University School...
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