To 8 Pages
5 to 8 pages. _______________________________________________ This main
This main case will be the key case that you are briefing on. The cases cited in the main case serve as the initial precedent that the court relied upon to determine the outcome of the conflict. You will utilize the online LexusNexis/Nui database to find your complete main case and the precedent cases cited in the Main case. Also conduct a “Shepards™” tab research of cases that came after your Main Case. (these cases either followed (green); cited (blue); distinguished (yellow); or overruled (red) aspects of the Main Case. Therefore, you will need to use your main case in Nexis Nui and use the upper right dropdown menu Tab of “Shepards” to “Shepardize” your main case then summarize these for your presentation as well.
The term “Shepardize” is the legal research process of reading more recent cases that have either followed, distinguished or overruled the holdings of your selected main case. Do not use cases that deal solely with the “procedural” issues (i.e., legal standards associated with granting of procedural motions), instead, use the cases that discuss and decide the issues that are about the law and applicable facts. You can e-mail these cases to yourself so that you can have them with you when you prepare the paper.
Paper For Above instruction
Begin your briefing with a full citation of the case name and its legal citation, including the case's volume number, reporter abbreviation, page number, and year of decision. Provide an in-depth overview of the facts: beyond merely listing the parties, research and include additional context about the parties involved, their relationship, and the circumstances leading to the legal dispute. This may involve examining newspapers, legal commentary, or other relevant documents to expand your understanding of the case background.
Next, identify and articulate the legal issue or issues in the case. These are the core questions of law that the court was asked to resolve and form the basis of the litigation. Clearly explain the cause of action or primary legal challenge that prompted the lawsuit.
Describe the court’s holding, the legal ruling, which resolves the primary issue(s). Avoid quoting the court directly, instead, paraphrase to clarify the court’s position.
Analyze the court’s reasoning, exploring the legal principles, theories, and precedents it relied upon in reaching its decision. This should include a detailed examination of the court’s application of relevant laws, statutory interpretations, or constitutional principles, contextualized within the facts of the case.
Finally, discuss the implications of the case. Explain how this case relates to the subject matter of the chapter and the course overall. Consider its impact on legal practice, future case law, or the development of legal doctrine in the relevant area.
When conducting Shepard’s research, summarize the subsequent cases’ treatment of your main case—whether they followed, distinguished, overruled, or cited it—and analyze how these relationships influence understanding of the case’s importance and legal standing.
References
- Author, A. A. (Year). Title of the case. Reporter Volume, Reporter abbreviation, page number.
- Author, B. B. (Year). Title of the related case. Reporter Volume, Reporter abbreviation, page number.
- Author, C. C. (Year). Legal commentary or case law source.
- Author, D. D. (Year). Newspaper or online source providing contextual information.
- Legal database or case law resource, e.g., LexusNexis. (Accessed Year).
- Additional scholarly source on relevant legal principles or doctrines.
- Further case law or legal analysis pertinent to your briefing.
- Official legal statutes or regulations analyzed in the case.
- Historical legal commentary or secondary source explaining the case significance.
- Recent case law post-Shepardizing demonstrating the case’s ongoing legal relevance.