analyzing a law case ;

analyzing a law case ;

and once you read it answer these questions

(1 point):   State the title of the article, the name of the publication in which it appeared and the date of publication.

Article Summary (2 points):  Provide a summary of the news story, with emphasis on the facts.

Part 2, What Kind of Case Is It?

(2 points) Is this case public or private? Explain your answer.

(2 points) Is this case in state court or federal court?

Part 3, Jurisdiction:

(3 points) Explain why this court has jurisdiction over the subject matter of this case.

(2 points) Explain why this particular court has jurisdiction over each plaintiff.

(2 points) Explain why this particular court has jurisdiction over each defendant.

(2 points)  At what phase in the legal process is the case? (Refer to the diagram in the Chapter 2 Lecture called Phases of A Civil Lawsuit.)

Part 4, Learning Application:  Apply course learning to answer the following questions about the lawsuit in your news story.

(2 points) Name the plaintiff(s).

(2 points) Describe the duty(ies) the plaintiff asserts were owed by the defendant(s).

(6 points) What does the plaintiff have to prove to prevail in this case?




(3 points) What is the legal standard that will be used to determine whether the plaintiff has met the burden of proof in this case? Describe what this burden of proof means.

3 points) What kinds of damages is the plaintiff asking for? Or, if the case is over, what did the plaintiff ask for? If not stated in the article, what should the plaintiff ask for? Be specific.

(3 points) Are punitive damages appropriate in this case? Explain.

(2 points) Name the defendant(s).

(2 points) What kind of defenses has the defendant raised? Or, if the case is over, what defenses did the defendant raise? If not clear in the article, what are the likely defenses?

(6 points) What result or outcome do you think the case should have?  How should the court rule?  (Or, if the court has ruled, do you agree with the outcome?  Why or why not?) Use course concepts to explain your answer.

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