Your case brief assignment is as follows: Using the assigned case facts, prepare Modified Case Brief (different
Question:
Your case brief assignment is as follows: Using the assigned case facts, prepare Modified Case Brief (different from regular case brief as it requires your personal perspective, see instructions and sample below), similar in structure to the sample case brief of Bad Frog Brewery and rubric in the two pages following, including headers, identifying Facts, Issue, Rule, Application, and Conclusion. However, in addition to identifying and listing the Facts, Issue and Rule, you are to prepare own original Application of the facts applying the law to the facts to answer the issue(s) identified, and you are also to come up with your own original Conclusion, meaning how would you rule on the Issue you identified?
The case briefs should be written in the following format, and see sample case brief following:
- Facts: The facts briefly indicate (1) the reasons for the lawsuit, (2) the identity and arguments of the parties, and (3) the lower court's decision (if applicable). This should be a summary that demonstrates your written communication and explanation skills. (15 points)
- Issue: The issue is the question before the court. The issue must be phrased as a question. Cases often have more the one issue (i.e., the court answers more than one question). If so, those questions should be listed here in chronological order. This section is meant to demonstrate your critical thinking skills as it requires identification of the central issue(s) between the parties and a clear statement of what the issue is. (15 points)
- Rule: The rule is simply the law the court uses to answer the question presented in the issue. This section requires the student to use critical thinking skills to identify the law that the court should consider in this case and clearly state it. Word for word re-statement is fine here. (15 points)
- Application: This section requires you the student to apply the rule to the facts to answer the question presented in the issue. In brief, the application provides the reason(s) for your decision on the Issue identified. This part should be the longest as you are applying the facts to the law, as it is worth the most. Critical thinking skills are again required here as the students must take the facts as given and apply the law that is given to them. You will be graded by your ability to demonstrate the application of given facts to the laws that govern the issue, and your writing skills in conveying this application or analysis of the facts with the law. (30 points)
- Conclusion: Your decision on how to the resolve the Issue identified, after your application of the law to the facts. You must answer the issue presented based on your application of the law to the facts. You will be graded on how clear your response is based on the applicable law and facts. (15 points)
Income Tax Fundamentals 2013
ISBN: 9781285586618
31st Edition
Authors: Gerald E. Whittenburg, Martha Altus Buller, Steven L Gill