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PLEASE READ EVERYTHING AND ENTIRE Attachment/upload and Take legal case that is
PLEASE READ EVERYTHING AND ENTIRE Attachment/upload and Take legal case that is
attached and uploaded below and anwer all questions and statements below in
fully about case into a understanding power point
1 the Issues:
a. Substantive issue: A substantive statement of the issue consists of
two
parts
2 the point of law in dispute
3 the key facts of the case relating to that point of law in
dispute (legally relevant facts)
You must include the key facts from the case so that the
issue is specific to that case.
Typically, the disputed issue
involves how the court applied some element of the pertinent
rule to the facts of the specific case.
4Resolving the issue will
determine the court’s disposition of the case.
5 Procedural issue: What is the appealing party claiming the lower
court did wrong (e.g.,
ruling on evidence, jury instructions, granting
of summary judgment, etc.)?
6 rule of Law or Legal Principle Applied: This is the rule of law that the court
applies to
determine the substantive rights of the parties.
7 The rule of law
could derive from a statute, case rule, regulation, or may be a synthesis of
prior holdings in similar cases (common law).
8The rule or legal principle
may be expressly stated in the opinion or it may be implied.
9 additional Comments/Personal Impressions: What are your reactions to
and critique of
the opinion? Anything you like? Dislike?
10 How does this
case fall in line with the other cases you have read?
11 Do not accept the
court’s opinion blindly. Assess the reasoning in each case. Is it sound?
12 Is it contradictory? What are the political, economic or social impacts of
this decision?
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