Category: Law and Legal Issues

  • Legal Research and Case Analysis

    1). What is meant by defining an issue?
    2). What does it mean when a case is on point?
    3). What does it mean when a case is on “all fours” ?
    4.). What is a binding authority?
    5). What is a persuasive authority?
    6). What is a precedent case?
    7). Provide two examples of a persuasive authority.
    8). What is the West Key Numbers System?
    9). A case citation is made up of five parts, list the five parts to a citation.
    10.). When briefing a case what does the acronym (abbreviation) IRAC stand for?
    11.) Identify the case name, volume number, reporter abbreviation, page number,
    and year of decision for the following case citation:
    Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
    Case name:
    Volume numbers:
    Reporter abbreviations:
    Page numbers: Year of decision:
    12). What is a treatise?
    13). Is an Appellate Court a court or original jurisdiction – meaning that it hears case
    for the first time?
    14). What is the difference between a case on point and a case on “all fours”?
    15). What is the definition of a primary source of law?
    16). Krystee Connolly, a paralegal in a litigation firm, has finished reading a brief
    that the opposing side submitted to the court in support of a motion for summary
    judgment. In the brief, she notices a citation to a state supreme court case of which
    she is unaware. She is experienced in the field and keeps current with new cases
    as they are decided. She wants to look at the case because it gives the other side
    a winning edge. She checks in the case digests and state encyclopedias, as well
    as on Westlaw. She checks the state supreme court’s website and sees no record
    of such a case. She asks the legal assistant for the
    opposing counsel to give her a copy of the case. When she does not receive it, she
    decides that the case is probably fictional. What should Krystee do?
    17). Define the following types of appellate court decisions found in the chapter.
    A). Concurring opinion:
    B). Dissenting opinion:
    C). Majority opinion:
    D). Unanimous decision:
    18). Barbara is a legal assistant in a very busy litigation practice. One day, she gets
    a call from a nervous attorney in her firm thirty minutes before the attorney is to
    appear in court. He wants her to do some research before he goes to court. He has
    just heard about a case decided two years ago that might help him win, and he
    gives her the citation. Because he is in a hurry, he gives her the wrong volume
    number. She has a hard time finding the case, but after about fifteen minutes of
    searching, she locates the citation. She quickly copies the case and runs to his
    office with it so that he can hurry across the street to the court for his appearance.
    She is in such a hurry that she forgets to check the subsequent history of the case.
    It turns out that the case had been overruled by the state supreme court and was
    therefore no longer controlling in the jurisdiction. The attorney is chastised by the
    judge for citing it. In fact, the judge is so annoyed with the attorney for making an
    argument that is not based on existing law that he denies the attorney’s motion and
    makes the attorney pay the other side’s court costs. When the client finds out why
    the motion was denied, she is irate. Does the client have any remedy against
    theattorney? Against Barbara?
    19). Indicate whether the following sources are primary or secondary sources:
    a. A case digest.
    b. A case in a case reporter.
    20). Sleeping Beauty is awakened by a kiss from Prince Charming. She can think
    of nothing more repulsive than to be kissed by him. Sleeping Beauty suffers from
    nightmares and depression as a result of this incident and contacts a law firm
    regarding filing a lawsuit against the prince for the damages— which include
    medical expenses—that she has suffered as a result of the kiss. The paralegal is
    assigned the task of researching Sleeping Beauty’s case to determine whether
    Sleeping Beauty can sue Prince Charming for assault and battery. What would the
    paralegal’s research goals be?

  • Title: “The Windsor Framework and the Resolution of the ‘Democratic Deficit’ in the Northern Ireland Protocol: A Critical Analysis of the UK’s Restored Decision-Making Powers in Light of the EU Law-Making Process”

    “The Windsor Framework resolves the ‘democratic deficit’ in the
    Northern Ireland Protocol – which means the UK has now
    restored the decision-making powers that it lost when it was an
    EU Member State in full.”
    Discuss, in light of the EU law-making process.
    please add relevant EU Law academic references throughout and then list them in a bibliography

  • Title: “The Impact of Brown v. Board of Education on Civil Rights and Judicial Activism”

    Supreme Court Research Paper
    Prof. Ghibesi
    Poli-161 / American Federal Government
    Term-Paper
    All students will choose a landmark Supreme Court case of your choice. Your paper
    should contain the following parts:
    1. A summary of the case.
    a. Your summary should include the background of your case.
    b. Be sure to include all of the important players involved in your case.
    c. Incorporate the history of the case (how did the trial courts / appellate
    courts rule)
    2. An in depth analysis of your case. Be sure to discuss all relevant opinions. If
    there is a concurring or dissenting opinion incorporate this into your analysis.
    Be sure to explain why the court ruled the way it did.
    a. Include all Constitutional amendments that apply to your case. Be sure
    to explain how these amendments are present.
    b. Discuss the ramifications of your case. Was there a precedent
    established? If so, what was it?
    c. What pertinent issues were brought up in your case?
    d. What societal factors influenced the court’s ruling?
    e. Did the makeup of the court influence the opinion?
    f. Be sure to make connections to course content. (Judicial Activism…)
    3. A conclusion. Your conclusion should tie everything together. You may wish
    to incorporate your opinion into your conclusion. (What did you learn from this
    case? Are you surprised by this ruling? Do you think the court would have ruled
    differently now?)
    Requirements
    ✓ This paper can not meet the expected criteria in anything less than 5 pages.
    ✓ Required Length: 5-7 pages.
    ✓ Students are required to use 6 additional sources to aid in their analysis.
    ✓ TWO of the above sources should be from a scholarly journal. For law related
    topics you may wish to take a look at JSTOR. This is an excellent database and I
    believe you will find it extremely helpful.
    ✓ As always this term paper should be typed, double spaced and have one inch
    margins. Typed assignments should be written in Times New Roman font and must
    be size 12. Anyone who does not follow these guidelines will not receive full credit
    for the assignment. Papers which are not type written or fail to follow MLA
    guidelines will have points deducted. All papers should be checked for spelling and
    grammar. Basic spelling and grammar is a distraction and will lessen the quality of
    your paper as a whole. Purdue University has an excellent online explanation of
    MLA format which can be found at the link below.
    http://owl.english.purdue.edu/owl/resource/557/01/
    Be sure to incorporate in-paragraph citations in accordance with MLA format.
    ✓ Paper must include a title page, page numbers and a works cited page in accordance
    with MLA or APA format. Papers not submitted in MLA or APA format will not
    be accepted. Papers that do not meet the length requirements will not be accepted.