business law

Brief Clark’s Sale and Service, Inc. v. Smith

Your brief should be 2 pages in Times New Roman font, 12 point. In your brief, you should include the following information:

Identify the parties.

Possible questions to answer would be: Who is the plaintiff? The defendant? The appellant? The appellee?

What is the history of the case?

Possible questions to answer would be: Who won at trial court? Who won at the lower appellate level? Who won in this decision? Please note that this is the history of the case in court—not the facts of the case.

What are the facts?

Possible questions to answer would be: What happened that caused the plaintiff to sue? What facts did the Court find relevant in its decision?

What is the plaintiff’s theory?

Possible questions to answer would be: Why he thinks he should win? What facts does the plaintiff think are important?

What is the defendant’s theory?

Possible questions to answer would be: Why she thinks she should win? What facts does the defendant think are important?

What is the legal issue?

Tip: this will be a question that can be answered with yes or no and should end with a question mark.

What is the holding of the Court?

Tip: this will be either yes or no and will answer the legal issue.

What is the reasoning of the Court?

Possible questions to answer would be: what facts and laws did the Court rely on to decide the case?; why was the case decided in the winner’s favor?; why did the other side lose?

Evaluative Question for Reflection: What do you think about this case? Was this case decided correctly? Why or why not?

 

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