Saint MBA535 Full course latest 2016 august

Saint MBA535 Module 1 Discussion latest 2016 august

Module 1 Discussion

What are the underlying reasons for the law to continue to make distinctions between real and personal property, intangible and tangible property?

Saint MBA535 Module 2 Discussion latest 2016 august

Module 2 Discussion

Under the common law, from the 1500s until today, the law has allowed past property owners to place limitations on the uses of real property in the future through the use of covenants (promises) as set forth in real property deeds as well as use of the fee defeasible estates (i.e. "To John Doe, so long as the property is used as a tobacco farm") and the evolution of zoning statutes and practice. Thomas Jefferson argued vehemently that no past owner of real property (dead or alive) should be allowed to restrict a future owner of real property concerning its present use; however, the Virginia State Legislature disagreed with him and land use limitation continues today. Jefferson described this practice as "Allowing the dead to control the lands of the living."

Was Jefferson right, or should we maintain the practice of allowing past property owners to place land use limitations in deeds of lands sold or gifted? Further, should the government be allowed to determine how a private property owner uses his/her respective land?

Saint MBA535 Module 3 Discussion latest 2016 august

Module 3 Discussion

Consider the differences between the bilateral contract and the unilateral contract. In the bilateral contract, we have the offeror willing to exchange a promise for another promise ("I promise to pay you $1500.00, if you promise to paint my house on or before Saturday."). In the unilateral contract, the offeror is insisting on performance for a promise ("If you complete painting my house before Saturday, I will pay you $1500.00).

Why does the law make such a distinction and why would a party to a contract choose one type over another?

Saint MBA535 Module 4 Discussion latest 2016 august

Module 4 Discussion

Imagine that you are at a flea market and you are looking through a table full of old books or every type. You discover what you believe to be a first edition of Mark Twains' Huckleberry Finn, although you are not certain. The price on the book is $5.00 and you gladly pay it without question. Neither you nor the seller discuss the book in any way as you purchased the book. Afterwards, you have the book appraised by an expert antique book export, who informs you that the book is worth at least $10,000.00.

In this exchange, you have provided $5.00 in consideration for an item worth circa $10,000.00 when sold in the correct market. Could the flea market bookseller properly seek to have the sale set aside due to inadequate consideration? What is the flea market bookseller knew it was an original, but had no idea of the true worth and thought that $5.00 was a reasonable price? Will the law consider the issue of adequacy of consideration in this instance?

Saint MBA535 Module 5 Discussion latest 2016 august

Module 5 Discussion

You are an avid collector and painter of watercolors. You enjoy visiting all of the local and regional art galleries and, routinely, you purchase works of copies of the masters. One evening, at a local gallery, you make an offer to purchase what you are told is an autographed print of a locally famous watercolor artist. The painting is framed in glare-free argon gas glass. You pay $500.00 for the print and glass.

The next evening the gallery director calls you and frantically explains that you actually purchased an original work by the artist, not the autographed print you thought you purchased. The original painting, in your possession, is worth at least $10,000.00. The gallery director asks that you return the painting, but also informs you that there exists no more autographed prints to sell to you. When you hesitate to return the painting without receiving at least the autographed print, the gallery director threatens you by stating that if you do not return the painting, she will inform all of the art galleries in the state of your refusal and ask that none of the galleries sell to you in the future.

In this transaction, how does the law of unilateral and mutual mistake apply. What about the notion of fraud? The gallery provided you with an express guarantee of authenticity of the autographed print and frame. Did the gallery provide what it guaranteed? What about the element of duress? Is the gallery director potentially liable to the defense of duress if you agree to rescind the contract and return the painting (and hopefully receive a return of the monies you paid).

Saint MBA535 Module 6 Discussion latest 2016 august

Module 6 Discussion

American corporations vary in numerous and varied degrees from corporations of other countries. For example, in Japan, the government limits the highest wages a corporate officer may receive based as a multiple of what the lowest wage earner in the corporation receives. At one point, the highest paid employee of a Japanese corporation could receive only sixty (60) times the wage of the lowest paid employee of the corporation.

Is this a wise regulation, or does this somehow limit the competitiveness of Japanese corporations? Do you think that Japanese corporations in general may be less competitive in the world's marketplace than American corporations because of these renumeration (wage) restrictions? What about the common scenario in which a board of directors in a major corporation chooses to provide bonuses and/or raises to corporate executive officers despite the corporation failing to have a profitable year? What about a board providing bonuses and/or raises to top executives in years in which the corporation was forced to lay off?

Saint MBA535 Module 7 Discussion latest 2016 august

Module 7 Discussion

Second only to the sole proprietorship, the partnership is among the oldest of business entities to develop. By the time of the development and implementation of the English Common Law in the 16th Century, the law of business partnerships was already highly developed. This was the case despite the fact that a majority of partnership business owners were illiterate.

In businesses that involve numerous members of the same family, the preferred business choice of conduct is the partnership. What advantages may occur for the family members by conducting business in this form? Can you think of any potential problems that may occur when family members conduct business in the form of a partnership? Would the other business entities of sole proprietorship or incorporation fare any better? Explain your reasons.

Saint MBA535 Module 8 Discussion latest 2016 august

Module 8 Discussion

What new and innovative mechanisms, laws, or practices could corporate America put in place to address the corporate misconduct that we often find in the news? Can you think of any protective practices that the corporation could include to better protect against deceptive and destructive business practices of bad corporate officers?

Saint MBA535 Module 1 Quiz 1 latest 2016 august

Question 1. Question :

May a bailment be established without actual delivery and acceptance of the goods?

Yes

No

Question 2. Question :

If confusion of property is willful, each party will be deemed the owner of a proportionate part of the mass.

True False

Question 3. Question :

One who purchases property from a bailee ordinarily gets good title.

True False

Question 4. Question :

The bailee in a mutual-benefit bailment must take reasonable care of the bailed property.

True False

Question 5. Question :

The person who temporarily gives up possession of personal property to another.

Accession

Bailee

Bailment

Bailor

Pawn

Pledge

Question 6. Question :

When the bailment is for the sole benefit of the bailor, may the bailee receive the benefits of ownership during the bailment?

Yes

No

Saint MBA535 Module 2 Quiz 2 latest 2016 august

1. Question :

A right to nonexclusive or intermittent use of land:

Adverse Possession

Community property

Easement

Joint tenancy

License

Partition

Question 2. Question :

Does an affirmative covenant obligate the person receiving the property to do something?

Yes

No

Question 3. Question :

When more than one person owns land, each has the right to use and possess it.

True False

Question 4. Question :

If a husband and wife living in a community property state divorce, all their property is divided equally between them, regardless of when obtained.

True False

Question 5. Question :

A temporary, personal right to do certain acts on land, but not to have any lawful claim concerning the land.

Adverse Possession

Community property

Easement

Joint tenancy

Question 6. Question :

In a joint tenancy, if one owner dies, the survivors own the entire property free of any interest of the deceased.

True False

Saint MBA535 Module 3 Quiz 3 latest 2016 august

1. Question :

A voidable contract:

Must be in writing.

May be rejected by both parties.

Gives one party the choice to abide by it or reject it.

Is never effective.

Question 2. Question :

Only the promisor needs to supply consideration to have an enforceable contract.

True False

Question 3. Question :

When a contract is required to be sealed, no substitute for an actual seal may be used.

True False

Question 4. Question :

An offer can be accepted:

In any manner the person receiving it chooses to accept it.

By putting a properly mailed acceptance in a mailbox.

Only by the same means by which the offer was communicated.

By fax only if it is received by fax.

Question 5. Question :

When an offer is made:

It can be accepted within ten days.

In no state can it be revoked when it is contained in a sealed writing.

It can be revoked even if the offeror has promised to keep it open.

It may be revoked only at the end of three months.

Question 6. Question :

A sales letter is an offer if:

The wording is such as to indicate that the writer is merely trying to evoke an offer on certain terms.

It is a circular sales letter.

It is an advertisement.

It is a personal sales letter containing an offer.

Saint MBA535 Module 4 Quiz 4 latest 2016 august

1. Question :

If a minor does not still have possession of property received under a contract, the contract cannot be disaffirmed.

True False

Question 2. Question :

If Agnes agrees to give $1,000 to her college:

This does not require consideration.

She receives consideration from the college.

The agreement requires all the elements of any other contract.

The agreement meets all the technical requirements of ordinary contracts.

Question 3. Question :

Silence never ratifies a minor's contracts.

True False

Question 4. Question :

The fact that a contract is foolish and would not have been entered into by the party if sober is sufficient to make the contract voidable.

True False

Question 5. Question :

May a minor ratify a contract at any time?

Yes

No

Question 6. Question :

May an adult recover compensation from a minor who disaffirms a contract and returns property in damaged condition?

Yes

No

Saint MBA535 Module 5 Quiz 5 latest 2016 august

1. Question :

A mistake as to the terms of the contract does not affect the validity of a written contract.

True False

Question 2. Question :

In order to establish fraud to invalidate a contract:

A false statement could be made recklessly rather than intentionally.

One party must make a false statement.

The person making the false statement need not intend to induce the innocent party to act.

A party must actually do something or take steps to cause a fraud.

Question 3. Question :

When there is a unilateral mistake the mistaken party never can obtain legal relief.

True False

Question 4. Question :

A mutual mistake as to value, quality, or price:

Invalidates only executory contracts.

Does not affect the validity of a contract.

Is not a risk assumed by the parties to a contract.

Invalidates all contracts.

Question 5. Question :

In order to establish that a contract was executed as a result of undue influence:

Threats to harm a person must be proven.

Threats to harm a person or property must be proven.

Force must have been used.

One party must have been helpless in the hands of the other.

Question 6. Question :

A false statement of a material fact.

Active fraud

Fraud in the Execution

Fraud in the Inducement

Misrepresentation

Passive fraud

Undue Influence

Saint MBA535 Module 6 Quiz 6 latest 2016 august

1. Question :

A partnership can only be formed to run a lawful business.

True False

Question 2. Question :

A partner who is unknown to the public as a partner and takes no part in the management of the business.

Dormant partner

General Partner

Nominal partner

Secret partner

Silent partner

Trading partner

Question 3. Question :

Are all partnership decisions made by majority vote?

Yes

No

Question 4. Question :

There are no formalities to existing and operating as a sole proprietorship.

True False

Question 5. Question :

The purpose of Fictitious Name tration Statutes is to collect tax.

True False

Question 6. Question :

A partner who takes no active part in the management of the business, but might be known to the public as a partner.

Dormant partner

General Partner

Nominal partner

Secret partner

Silent partner

Trading partner

Saint MBA535 Module 7 Quiz 7 latest 2016 august

1. Question :

Means by which a partnership relation is immediately changed upon the happening of a specified event.

Acts of the parties

Alienation

Dissolution

Futility

Operation of law

Winding up

Question 2. Question :

When a partner engages in misconduct prejudicial to the successful continuance of the partnership business, a court may order dissolution.

True False

Question 3. Question :

A partner may withdraw from a partnership at any time without liability.

True False

Question 4. Question :

All partners must agree when the date for dissolution of the partnership is changed.

True False

Question 5. Question :

Dissolution prevents the performance of existing contracts.

True False

Question 6. Question :

May the remaining partners decide whether a partner has the capacity to continue as a partner?

Yes

No

Saint MBA535 Module 8 Quiz 8 latest 2016 august

1. Question :

The right to purchase shares of stock at a set price.

Capital stock

Cumulative preferred stock

Par-value stock

Participating preferred stock

Stock option

Treasury stock

Question 2. Question :

Stock to which a face value has been assigned and that has this value printed on the stock.

Capital stock

Cumulative preferred stock

Par-value stock

Participating preferred stock

Stock option

Treasury stock

Question 3. Question :

A corporation may declare a stock dividend even if the corporation has no surplus.

True False

Question 4. Question :

The Securities Act of 1933 does not apply to the issuance of securities under $5 million.

True False

Question 5. Question :

When a broker holds stock for which certificates have not been issued, the broker can transfer the stock at the written direction of the owner.

True False

Question 6. Question :

Stock that shares with common stock in any extra dividends.

Capital stock

Cumulative preferred stock

Par-value stock

Participating preferred stock

Stock option

Treasury stock

Saint MBA535 Module 1 Essay Exam 1 latest 2016 august

1. Question : What is the degree of liability for the common carriers and what exceptions, if any, exist? Question 2. Question : What is a bailment generally? How is a bailment created? Question 3. Question : How may personal property by acquired by accession? Define confusion of property. Question 4. Question : Set forth the distinctions between common carriers and private carriers. Question 5. Question : Define personal property. What distinguishes tangible personal property from intangible personal property? Question 6. Question : Must there always be a stated price under the UCC to have a contract? Question 7. Question : How are sales of goods and sales of services treated differently under the UCC?

Saint MBA535 Module 2 Essay Exam 2 latest 2016 august

1. Question :

What items must be included in either type of deed?

Question 2. Question :

In what manner does the tenancy by entirety differ from the tenancy in common?

Question 3. Question :

How does the quitclaim deed differ from the general warranty deed?

Question 4. Question :

How does the legal notion of tenancy in common function?

Question 5. Question :

How is real property transferred?

Question 6. Question :

How does real property differ from personal property and what distinguishes real property?

Question 7. Question :

How does a deed of trust differ from a mortgage?

Saint MBA535 Module 3 Essay Exam 3 latest 2016 august

1. Question :

How does a valid offer to contract differ from an invitation to make offers or enter into a contract? What are the requirements of the legally sufficient offer?

Question 2. Question :

Describe in detail the process of rule-making for agencies.

Question 3. Question :

The bilateral contract consists of the exchange of mutually binding promises made by each of the parties where BOTH parties become bound immediately upon the exchange of the promises. How does the unilateral contract work and at what point are both parties considered bound by the contract?

Question 4. Question :

In the United States, most business regulation is governed directly by Federal and State Agencies. Why is this the case? Why do agencies exist at all? What types of activities are these agencies involved in and what powers of enforcement do they have generally?

Question 5. Question :

Set forth the five minimum requirements for the legally recognized business contract.

Question 6. Question :

Distinguish the valid contract, void agreement and voidable contract. Next, clarify the demarcation between the express and implied contract. Finally, in what manner does the formal contract differ from the simple contract, and executory contract from the executed contract?

Question 7. Question :

How long do valid offers remain in effect and what are the options to the offeree?

Saint MBA535 Module 4 Essay Exam 4 latest 2016 august

Question 1. Question :

Define promissory estoppel and explain how this may serve as an exception to the normal consideration requirement imposed on each of the parties. Give an example of promissory estoppel.

Question 2. Question :

How may mental incompetence affect whether each of the parties to a contract are bound?

Question 3. Question :

What is the legal theory of consideration in contracts? Is the issue of the adequacy of consideration ever an issue in contract law? Must both parties provide consideration for a contract to be formed?

Question 4. Question :

What is the legal notion of the disaffirmance of a contract by a minor and how does this work?

Question 5. Question :

If an adult chooses to contract with a minor, are there any actions that the adult can insist upon to make the contract more binding?

Question 6. Question :

Is a partial payment of a debt on a prior contract considered consideration? What constitutes invalid or insufficient consideration?

Question 7. Question :

May a minor contract with an adult? If so, what type of contract will be formed and how will it impact each of the parties? Do any exceptions exist?

Saint MBA535 Module 5 Essay Exam 5 latest 2016 august

Question 1. Question :

Explain the Parole Evidence Rule and describe how it may be applied.

Question 2. Question :

What contracts are specifically required to be in writing under the Statute of Frauds?

Question 3. Question :

Define "Unilateral Mistake" and "Mutual Mistake." Compare and contrast each. When may each justify invalidating a contract?

Question 4. Question :

What is Undue Influence and how may it affect a contract?

Question 5. Question :

Distinguish Fraud in the Inducement and Fraud in the Execution. Further, explain the fundamental aspects of Active Fraud, Passive Fraud and Innocent Misrepresentation.

Question 6. Question :

Define Physical Duress, Emotional Duress and Economic duress. Describe when duress of each type may be allowed to cause the contract to become voidable.

Saint MBA535 Module 6 Essay Exam 6 latest 2016 august

1. Question :

Distinguish between the two primary types of negotiable instruments, the promissory note and the draft.

Question 2. Question :

Do all partnerships require a written partnership agreement? What duties and rights belong to the individual partnership owners?

Question 3. Question :

What are the primary forms of checks?

Question 4. Question :

What are the fundamental distinctions of the general partnership and the limited liability partnerships?

Question 5. Question :

What are the five primary forms of notes?

Question 6. Question :

How is the sole proprietorship formed? What legal requirements, if any, must be met, such as licensing, registration, etc. in order to initiate a sole proprietorship? What are the primary advantages and disadvantages of the sole proprietorship?

Question 7. Question :

Describe the differences between the corporate business entity and that of the partnerships and sole proprietorship.

Saint MBA535 Module 7 Essay Exam 7 latest 2016 august

1. Question :

Define and distinguish the public corporation, the private not-for-profit corporation and the private for Profit Corporation

Question 2. Question :

What are the articles of incorporation?

Question 3. Question :

What powers of agency may a promoter have in the formation of the corporation and what limitations of powers may exist? What is an agency relationship and who are the parties to that relationship?

Question 4. Question :

What act or actions could result in the automatic dissolution of a partnership? What was the common law rule on partnerships' dissolution and how has it been somewhat modified by the Revised Uniform Partnership Act? Are all partnerships still terminated automatically upon any act of refusing to be associated with a partnership?

Question 5. Question :

If dissolution occurs, how is the former partnership to proceed? What is the winding up period?

Question 6. Question :

Under what circumstances would partnership dissolution occur?

Question 7. Question :

How is the private for-profit company formed?

Saint MBA535 Module 8 Essay Exam 8 latest 2016 august

Question 1. Question :

Distinguish between common stock and preferred stock.

Question 2. Question :

Consider and propose how this course may assist you in further applying the Saint Leo University core values of Responsible Stewardship and Personal Development into your personal life outside of your livelihood.

Question 3. Question :

Explain in your own words how what you have learned in this course that will help you to integrate the Saint Leo University core values of Responsible Stewardship and Integrity into your professional business life.

Question 4. Question :

What is a stock option and how does such an option operate?

Question 5. Question :

Explain the notion of the Quorum and its impact upon the voting actions of the shareholders.

Question 6. Question :

How is ownership of for-profit corporations obtained and recognized by law?

Question 7. Question :

How is a stockholder's meeting conducted and what are the basic ground rules?

Saint MBA535 Module 4 Case Brief 1 latest 2016 august

MBA535: Case Brief Guidelines and Rubric

How and Why to Brief a Law Case

Purpose

The purpose of reading in the practice of law is different from the purpose of reading in many other disciplines. In law, you read not just to familiarize yourself with someone else’s ideas but to be able to use the information to answer a question. This requires understanding judicial opinions in depth and being able to use the information in a number of cases to formulate an answer to a new question. Therefore, passively reading cases is not sufficient; you must deconstruct the opinion into its component parts and state those components in your own words and in an easily accessible format. Then the information is at hand for you to apply to a new set of facts.

Briefing a case requires you to put the material into your own words. To do this, you have to understand it. Underlining text does not require you to understand it. Moreover, briefing a case reduces the volume of material so you can find what you need. Underlining does not accomplish this goal either.

Assignment

You will complete two Case Briefs as follows and submit each to the Dropbox no later than Sunday 11:59 PM EST/EDTof the module in which it is due. (Each Dropbox basket is linked to Turnitin.)

Details for each Case Brief are located within Modules 4 and 8.

Instructions

Every lawyer briefs cases differently. A case brief generally consists of a series of topic headings with the specific information from the case under each heading. Most case briefs contain similar information but the headings and their sequence may be different. Some professors have a preferred briefing format. You are only required to follow the general format as set forth below.

The following is adapted from A Practical Guide to Legal Writing and Legal Method (Dernbach, et al., 2007).

1. Case name:Include the full citation, including the date of the opinion, for futurereference and citation. An example would be as follows: State v. Holloran, 140 NH 563 (1995). Refer to Bluebook to determine the correct name for the case.

1. Pincites:Include pinpoint cites (cites to a particular page in the case) throughout thecase brief so you can find material again quickly within a case.

1. Procedural History:What happened to the case before it arrived in this court? If it is anappellate case, list the decisions made by the lower court(s) and note what decision is being reviewed (e.g., jury verdict, summary judgment). You may need to look up procedural phrases with which you are unfamiliar.

1. Facts:Include only the facts that were relevant to the court’s decision. You are unlikelyto know what these are until you have read the entire opinion. Many cases may include procedural facts that are relevant to the decision in addition to the facts that happened before litigation.

1. Issue: The particular question the court had to decide in this case. It usually includesspecific facts as well as a legal question. It may be expressed or implied in the decision. Cases may have more than one issue.

6. Holding/Decision: The legal answer to the issue. If the issue is clearly written, then theholding can be expressed as “yes” or “no.” (Be careful not to confuse the holding with implicit reasoning. See # 8 below.)

7. Rule: The general legal principle(s) relevant to the particular factual situation presentedin the case.

8. Reasoning: The logical steps the court takes to arrive at the holding. It can bestraightforward and obvious, or you may have to extrapolate it from the holding. Some reasoning is based on social policy, which tells you why the holding is socially desirable. Understanding the reasoning behind a decision is essential.

9. Disposition: A statement of what the court actually did in the case (affirmed, overruled,etc.)

10. Dissent/Concurrence:Although this part of the opinion is not considered law, it mayhelp you better understand some information about the legal reasoning in the case. Not all cases have a dissent or concurrence, while some may have more than one.

11. Comments:Include your own responses to the case here. For example, does thereasoning make sense? Is the holding consistent with other cases you have read? Is the case relevant to the question you are trying to answer? This is a good place to note connections between the case you are briefing and other cases you have read.

Grading Rubric

			Scoring Ratings
	Missing	Insufficient	Basic	Proficient	Exceptional
	(Criterion is	(does not	(works towards	(meets	(exceeds
Criteria	missing or not	meet	meeting	expectations;	expectations;
in evidence)	expectations;	expectations;	performance	performance is
		performance is	performance	is	outstanding)
		substandard)	needs	satisfactory)
			improvement)
Organization,
formulation, logic,	0 Points	1-17 Points	18-19 Points	20-23 Points	24-25 Points
and identification of
all topics
Synthesis, Analysis,	0 Points	1-17 Points	18-19 Points	20-23 Points	24-25 Points
and Comprehension
Grammar, Word
Choice, and	0 Points	1-17 Points	18-19 Points	20-23 Points	24-25 Points
Terminology
Proper use of the APA	0 Points	1-17 Points	18-19 Points	20-23 Points	24-25 Points
formatting style

Sample Case Brief

Remember, most case briefs contain similar information but the headings and their sequence may be different than what is outlined above. You should include in your brief all elements that you deem necessary whether or not they are included in the sample below.

Name

Luke Records, Inc. v. Navarro, 960 F.2d 134 (11th Cir. 1992)

Procedural History

Appealed from the trial court decision.

Facts

Luke Records, Inc., a recording label, held a contract with the musical group 2 Live Crew. This group was well known in the genre of "Rap" music, which has repeatedly been accused of incorporating "obscene" lyrics into the music. Obscene, in this sense, pertains only to the legal definition of obscenity, not what any particular person or moral code may deem obscene. Luke Records, Inc. was a Florida Corporation and Nick Navarro was the sheriff of Broward County at the time. The sheriff obtained an ex-parte injunction (this means an injunction without both parties being present at the initial hearing) granting the sheriff an injunction (a court order to "stop" doing a particular act). This injunction was served on local record stores in an effort to have the music removed from Florida retail sale. After the local Florida Circuit Court in Broward County issued the injunction, the decision was appealed to the United States District Court for Southern Florida where the Court ordered the sheriff to stop enforcing the injunction, but did, in fact, rule that the music was obscene, especially the song "As Nasty As They Wanna Be." The sheriff appealed the case to the United States Court of Appeals, 11th Circuit, in Atlanta.

Issue

Is this music obscene under Florida state law and/or federal Constitution?

Holding/Decision

No

Rule Obscenity

Obscenity must meet three part rule. Based on Supreme Court case Miller v. CA. All three parts must be met:

a) Whether “the average person, applying contemporary community standards” would find that the work, taken as a whole, appeals to the prurient interest.

b) Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law.

c) Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Reasoning

The burden of proof could be clear and convincing or preponderance of the evidence test: however, at the time the sheriff was granted the music, he offered nothing into evidence except a tape of the music played before the court. There was no additional evidence presented that showed an average person applying contemporary community standards would find the song appealing only to a prurient interest. Further, the sheriff failed to prove part (b) and (c) of the test as well simply because he made no attempt to

enter any other testimony or evidence into consideration before the court. The sheriff failed to meet his burden, although it is well possible that had he submitted all evidence as required, he could possibly have met the test.

Comments

Case really determined by the sheriff's failure of proof. No discussion of nature of music. No discussion of rule. No proper evidence submitted to the court.

Saint MBA535 Module 8 Case Brief 2 latest 2016 august

MBA535: Case Brief Guidelines and Rubric

How and Why to Brief a Law Case

Purpose

The purpose of reading in the practice of law is different from the purpose of reading in many other disciplines. In law, you read not just to familiarize yourself with someone else’s ideas but to be able to use the information to answer a question. This requires understanding judicial opinions in depth and being able to use the information in a number of cases to formulate an answer to a new question. Therefore, passively reading cases is not sufficient; you must deconstruct the opinion into its component parts and state those components in your own words and in an easily accessible format. Then the information is at hand for you to apply to a new set of facts.

Briefing a case requires you to put the material into your own words. To do this, you have to understand it. Underlining text does not require you to understand it. Moreover, briefing a case reduces the volume of material so you can find what you need. Underlining does not accomplish this goal either.

Assignment

You will complete two Case Briefs as follows and submit each to the Dropbox no later than Sunday 11:59 PM EST/EDTof the module in which it is due. (Each Dropbox basket is linked to Turnitin.)

Details for each Case Brief are located within Modules 4 and 8.

Instructions

Every lawyer briefs cases differently. A case brief generally consists of a series of topic headings with the specific information from the case under each heading. Most case briefs contain similar information but the headings and their sequence may be different. Some professors have a preferred briefing format. You are only required to follow the general format as set forth below.

The following is adapted from A Practical Guide to Legal Writing and Legal Method (Dernbach, et al., 2007).

1. Case name:Include the full citation, including the date of the opinion, for futurereference and citation. An example would be as follows: State v. Holloran, 140 NH 563 (1995). Refer to Bluebook to determine the correct name for the case.

1. Pincites:Include pinpoint cites (cites to a particular page in the case) throughout thecase brief so you can find material again quickly within a case.

1. Procedural History:What happened to the case before it arrived in this court? If it is anappellate case, list the decisions made by the lower court(s) and note what decision is being reviewed (e.g., jury verdict, summary judgment). You may need to look up procedural phrases with which you are unfamiliar.

1. Facts:Include only the facts that were relevant to the court’s decision. You are unlikelyto know what these are until you have read the entire opinion. Many cases may include procedural facts that are relevant to the decision in addition to the facts that happened before litigation.

1. Issue: The particular question the court had to decide in this case. It usually includesspecific facts as well as a legal question. It may be expressed or implied in the decision. Cases may have more than one issue.

12. Holding/Decision:The legal answer to the issue. If the issue is clearly written, then theholding can be expressed as “yes” or “no.” (Be careful not to confuse the holding with implicit reasoning. See # 8 below.)

13. Rule:The general legal principle(s) relevant to the particular factual situation presentedin the case.

14. Reasoning:The logical steps the court takes to arrive at the holding. It can bestraightforward and obvious, or you may have to extrapolate it from the holding. Some reasoning is based on social policy, which tells you why the holding is socially desirable. Understanding the reasoning behind a decision is essential.

15. Disposition:A statement of what the court actually did in the case (affirmed, overruled,etc.)

16. Dissent/Concurrence:Although this part of the opinion is not considered law, it mayhelp you better understand some information about the legal reasoning in the case. Not all cases have a dissent or concurrence, while some may have more than one.

17. Comments:Include your own responses to the case here. For example, does thereasoning make sense? Is the holding consistent with other cases you have read? Is the case relevant to the question you are trying to answer? This is a good place to note connections between the case you are briefing and other cases you have read.

Grading Rubric

			Scoring Ratings
	Missing	Insufficient	Basic	Proficient	Exceptional
	(Criterion is	(does not	(works towards	(meets	(exceeds
Criteria	missing or not	meet	meeting	expectations;	expectations;
in evidence)	expectations;	expectations;	performance	performance is
		performance is	performance	is	outstanding)
		substandard)	needs	satisfactory)
			improvement)
Organization,
formulation, logic,	0 Points	1-17 Points	18-19 Points	20-23 Points	24-25 Points
and identification of
all topics
Synthesis, Analysis,	0 Points	1-17 Points	18-19 Points	20-23 Points	24-25 Points
and Comprehension
Grammar, Word
Choice, and	0 Points	1-17 Points	18-19 Points	20-23 Points	24-25 Points
Terminology
Proper use of the APA	0 Points	1-17 Points	18-19 Points	20-23 Points	24-25 Points
formatting style

Sample Case Brief

Remember, most case briefs contain similar information but the headings and their sequence may be different than what is outlined above. You should include in your brief all elements that you deem necessary whether or not they are included in the sample below.

Name

Luke Records, Inc. v. Navarro, 960 F.2d 134 (11th Cir. 1992)

Procedural History

Appealed from the trial court decision.

Facts

Luke Records, Inc., a recording label, held a contract with the musical group 2 Live Crew. This group was well known in the genre of "Rap" music, which has repeatedly been accused of incorporating "obscene" lyrics into the music. Obscene, in this sense, pertains only to the legal definition of obscenity, not what any particular person or moral code may deem obscene. Luke Records, Inc. was a Florida Corporation and Nick Navarro was the sheriff of Broward County at the time. The sheriff obtained an ex-parte injunction (this means an injunction without both parties being present at the initial hearing) granting the sheriff an injunction (a court order to "stop" doing a particular act). This injunction was served on local record stores in an effort to have the music removed from Florida retail sale. After the local Florida Circuit Court in Broward County issued the injunction, the decision was appealed to the United States District Court for Southern Florida where the Court ordered the sheriff to stop enforcing the injunction, but did, in fact, rule that the music was obscene, especially the song "As Nasty As They Wanna Be." The sheriff appealed the case to the United States Court of Appeals, 11th Circuit, in Atlanta.

Issue

Is this music obscene under Florida state law and/or federal Constitution?

Holding/Decision

No

Rule Obscenity

Obscenity must meet three part rule. Based on Supreme Court case Miller v. CA. All three parts must be met:

d) Whether “the average person, applying contemporary community standards” would find that the work, taken as a whole, appeals to the prurient interest.

e) Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law.

f) Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Reasoning

The burden of proof could be clear and convincing or preponderance of the evidence test: however, at the time the sheriff was granted the music, he offered nothing into evidence except a tape of the music played before the court. There was no additional evidence presented that showed an average person applying contemporary community standards would find the song appealing only to a prurient interest. Further, the sheriff failed to prove part (b) and (c) of the test as well simply because he made no attempt to

enter any other testimony or evidence into consideration before the court. The sheriff failed to meet his burden, although it is well possible that had he submitted all evidence as required, he could possibly have met the test.

Comments

Case really determined by the sheriff's failure of proof. No discussion of nature of music. No discussion of rule. No proper evidence submitted to the court.