WEEK 6: CASE ANALYSIS

Due Aug 17 by 12:59am
Points 60

Below you will find two cases from the readings from this week. You are to present one of the cases in your assignment.Do not repeat the facts. Decide what the issue is, what law is being presented, provide an explanation of what the law is (use our book for definitions) and what your opinion is, and how a court should rule? Use the format below.
Make sure to use some law FROM YOUR BOOK in each of your explanations of the cases! Make sure youhave an opinion of how the case should be resolved. Use facts to support your contentions and the law to substantiate your position. You do NOT need to research beyond looking in our book for the cases. You should just be the judge in the end! Your analysis is very important!
The assignment shouldconsist of a Word Document.
You may Utilize the case format below.

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 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. Those relevant facts necessary to analyze this case.]

Issue [Note the central question or questions on which the case turns. What legal concept are they fighting over?]

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 would YOU resolve the issue(s)? Who should win?]

Reasoning [Explain the logic that supports your decision.}

-Quality in terms of substance, form, grammar and context are required.

-Wrap up with a Conclusion. This should summarize the key aspects of YOUR decision.

*****Make sure to use some law FROM YOUR BOOK in each of your explanations of the cases! Make sure you have an opinion of how the case should be resolved. Use facts to support your contentions and the law to substantiate your position. Play devils advocate if you like!

CHOOSE ONE:

CH 6: In 2004, James Clayton Terry was elected to serve as a member of the Lowndes County, Mississippi, Board of Supervisors, as the supervisor for District Four. As a member of the board, Terry was given a county vehicle and a Fuelman card, to be used for business purposes only. The county later began to receive complaints that Terry was making inappropriate purchases of gasoline and using the vehicle to take personal trips to casinos. Following an investigation, Terry was indicted for embezzlement. The trial court found Terry guilty. On appeal, Terry argued that the conviction should be overturned because the state had failed to specify the dates during which the embezzlement supposedly occurred. The state argued that because the embezzlement was continuous, specific dates were not necessary. What exactly is embezzlement? What was embezzled, and should it matter whether the state alleged specific dates on which the embezzlement occurred? What should the conclusion be?

OR

CH 24: MacDonald Group, Ltd., owned and operated the Fresno Fashion Fair Mall and leased space to Edmond’s, a California retail jeweler. The lease contained a covenant that limited MacDonald to one additional jewelry store as a tenant in the mall. The lease was entered into in 1969. In 1978, MacDonald was involved in the construction of an expansion to the mall and began negotiations to include a retail jeweler in the new space. Edmond’s objected and brought suit. The covenant provides that only two jewelry stores would be tenants in the Fresno Fashion Fair Mall. The expansion would still be part of Fresno Fashion Fair Mall and would not have a separate name. Would the covenant apply to the new addition to the mall? What is a covenant? What is a fair conclusion?

Submit your assignment.

Details