PLEASE FOLLOW THE CASE analysis FORMAT for each case.
One Case Analysis for Amazon.com v. Barnesandnoble.com
And another case analysis for DVD Copy Control Ass’n v. Bunner
Case Study Instructions
You will write a 4–5-page paper in current APA format (including a Cover Page) that focuses on 2 case studies from each week’s reading. Each paper must include at least 4 references in addition to the course textbooks and the Bible. Each week there is a different set of cases for you to review. You must review them separately following the instructions below:
State the facts of the case
What happened in this case?
Who are the parties?
What motivated the parties to take this action?
List the facts by level of importance.
Discuss the Issue: Discuss the issues or problems presented by the case. The legal issue is the question of law on which resolution of the case turns. An issue should be presented in the form of a question. While most cases revolve around a legal issue, you should also consider issues of public policy, values in conflict, and practical reality. For example, a case study involving abortion might involve the following issues:
Legal: Is abortion legal? If so, under what circumstances?
Public Policy: Should abortion be legal? Why or why not?
Values in Conflict: Which value is more important, a woman’s right to privacy or an unborn child’s right to life? Why?
Practical: What are the options open to someone faced with an unwanted pregnancy? Where can someone in this situation go for help and advice?
Discuss the Arguments: Now that you have defined the facts and issues, develop and discuss the arguments that can be made for each of the various points of view. For example, what are the arguments, both Pro and Con, for each point of view, which side provides the most compelling argument, and why, and what are the consequences?
Conclusion: Each of these cases has a court ruling. Do you agree with the court’s decision (why or why not?). From a Christian prospective, how does this decision impact Christianity and society? If the impact is negative, what recommendations would you make to overcome that impact?
Case Analysis Format
Read and understand the case or question assigned. Show your Analysis and Reasoning and make it clear you understand the material. Be sure to incorporate the legal concepts of the chapter we are studying to show your reasoning. Dedicate at least one heading to each following outline topic:
Parties [Identify the plaintiff and the defendant]
Facts [Summarize only those facts critical to the outcome of the case]
Procedure [Who brought the appeal? What was the outcome in the lower court(s)?]
Issue [Note the central question or questions on which the case turns]
Explain the applicable law(s). Use the textbook here. The law should come from the same chapter as the case. Be sure to use citations from the textbook including page numbers.
Holding [How did the court resolve the issue(s)? Who won?]
Reasoning [Explain the logic that supported the court’s decision]
Conclusion: Each of these cases has a court ruling. Do you agree with the court’s decision (why or why not?). From a Christian prospective, how does this decision impact Christianity and society? If the impact is negative, what recommendations would you make to overcome that impact
Do significant research outside of the book and demonstrate that you have in a very obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area. Show something you have discovered about the case, parties or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case.
Dedicate a paragraph or 2 to each of the case question(s) immediately following the case, if there are any. Be sure to state and fully answer the questions in the assignment description.
Quality in terms of substance, form, grammar and context. Be entertaining! Use graphs and tables to emphasize or enhance the case if you like.
Wrap up with a Conclusion at the end of the Case Analysis. This should summarize the key aspects of the decision and also your recommendations on the court’s ruling.
Include citations on the slides and a reference slide with your sources. Use APA style citations and references.
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