This is Discussion Question 2 for the week and will be related to the material in chapter (Chapter 3) First, since students will be reading Cases (there is much to learn about the Briefing of a Court Case) see below so you will understand the elements when viewing cases throughout the semester:

*** Be specific and use critical thinking after reviewing Cases for Assignments, and the other briefings in the chapter... this will help you through the process***

How to Brief a Case (FYI) not an Assignment

Business law is not simply rules and regulations passed by federal and state organizations and legislatures. Business law also includes case law created when courts rule on various legal issues. Accordingly, being able to read and understand judicial opinions is critical to obtaining a robust understanding of business law. One method for understanding court cases and saving time is known as briefing. To brief a case, one must read the case thoroughly, taking in the main points, then write up a short synopsis of the case. A standard brief contains information from the case organized in the following manner: (1) case name and citation; (2) facts; (3) issue; (4) ruling; and (5) reasons. By organizing case information according to the five categories just listed, one can create a short guide to any case that contains all of the relevant/significant information to aid in understanding the case, as well as create a tool for later references to the case without having to re-read the case every time.

The following is a quick description of what information is typically included in each of the five areas of a standard brief.

1. Case name and citation. This information is used to identify the case. Under this heading the case name, the court making the decision, the year the decision was made, and the citations for the case should all be included.

2. Facts. The facts section is used to provide the relevant background information from the case to facilitate a full understanding of what lead to the case, as well as what happened in lower court cases for cases that are heard on appeal. The facts section should include: (a) relevant background information; (b) the arguments made by the plaintiff(s) and defendant(s); (c) any decisions made by lower courts.

3. Issue. The issue, or issues, is the question, or questions, the court has been asked to address in hearing the case. As such, the issue should be phrased as a question and should pertain to the legal matter at the heart of the case.

4. Ruling. The ruling refers to how the court answered the question identified as the issue. Typically, but not always, as simple yes or no will suffice to answer the issue question. If yes or no is not enough to answer the question clearly, some more information can be provided. But, as will be seen next, the following section contains more information regarding the ruling. In addition, for cases heard on appeal, it is frequently advisable to include the effect of the briefed opinion on the lower courts rulings, such as affirmed, reversed, or remanded.

5. Reasons. The reasons section elaborates upon why the court made the ruling that it did regarding the issue. To be helpful, the ruling section should be kept brief and should contain what are the substantive legal reasons given for why the court ruled the way that it did. If there were any concurring or dissenting opinions, the reasons given in these other opinions should also be addressed in this section.

Decisions/Remedy and Significance

DQ NO. 2 Student Assignment:

Students will read and review and discuss the elements above that are shown in the Case(s) assigned (below) for this DQ Assignment: Only answer the questions at the end of the Case Scenario, and then discuss the case by mentioning in your answers to me and your peers how the facts, issues and more relate to the case. **** PLEASE DO NOT GIVE AN OUTLINE OF THE CASE WITH THE LISTED ELEMENTS... JUST INCORPORATE IN YOUR WRITING AFTER ANSWERING THE QUESTIONS AT THE END OF THE CASE SCENARIO*****

1) Case 3-1 Hertz Corporation v. Friend

United States Supreme Court

130 S. Ct. 1181 (2010)

NEXT CASE:

2) Timothy Tyrone Foster, Petitioner v. Bruce

CHATMAN, WARDEN

United States Supreme Court AN

P136 S. Ct. 1737 (2016)

ANSWER THE CRITICAL THINKING AND ETHICAL DECISION MAKING QUESTIONS FOR EACH CASE - Elaborate using content information from the textbook and the case at hand.

LAST:

SEE THE SECTION IN THE CHAPTER DISCUSSING: Alternative Dispute Resolution and Discuss: Why might a Business prefer ADR over Ligation?

(Please, just read the section affiliated with this Business Law Method).