fbpx

Business Law Assignment | Homework Help Websites

BUSL 18 Memorandum

Don't use plagiarized sources. Get Your Assignment on
Business Law Assignment | Homework Help Websites
Just from $13/Page
Order Now

RE:  Briefing Assignment

 

Please brief Pearson v. Superior Court (2012) 202 Cal.Appl4th 1333 [136 Cal.Rptr.3d 455], which is posted on our Canvas page.  Use the following format for your brief, including the headings.  Consult your book at pages 19 – 23 and A-1 through A-3 for an explanation and an example of case briefing. You will notice that these headings are slightly different from those in your book; please use the headings below.

 

Pearson v. Superior Court (2012) 202 Cal.Appl4th 1333 [136 Cal.Rptr.3d 455]

 

Facts:  (This is the “story” that gives rise to the case.  What facts are at the root of the controversy?  What happened that started the whole lawsuit?  In this case there are not a lot of facts because the court doesn’t provide us with much detail.  10 points.)

 

Procedural History:  (This starts when the lawsuit starts.  Procedurally, what has happened in this case?  Who sued whom, for what?   How can a court be sued?  Was there a trial or a motion?  Who won it?  Who is appealing?  Why?  10 points.)

 

Issue:  (This is the question that this appeals court is trying to answer by hearing this case.  There may be more than one question.  If so, state them all, each in a separate numbered paragraph.   Look for the appellant’s appeals argument(s).  The issues are often based on these arguments.  The issues are questions only, no background, no answers, just questions.  15 points.)

 

Result/Holding:  (This is the answer to the issue.  If there are three issues, there will be three results.  This is a good part to quote.  It will be a specific answer about this case, not a general statement of law.  Number these and put each one in a separate short numbered paragraph.  15 points.)

 

Reasoning:  (The is the court’s explanation of how it went from its issue to its result/holding.  This is usually the longest part of the brief.  It’s the part where the justice discusses cases and/or statutes.  Discuss each issue in a separate paragraph.  Follow the RAC format:  rule/law, analysis/application, conclusion for each issue, which is covered in chapter 1.  25 points.)

 

Procedural Consequences:  (Look for one of these words:  affirmed, reversed, modified, and/or remanded.  This part is often one of these words (not always), and otherwise is usually just one or two sentences long.  It is often the last sentence of the case.  Sometimes it’s labeled “disposition” or “conclusion.”  5 points.)

This is the required format and is worth 20 points.  Your brief should be typewritten, double-spaced, and at least two pages in length.  Use a font size of 11 or 12.  Underline your headings.  Indent the first line of each paragraph.  Pay attention to your grammar and spelling, as I will deduct points for spelling and grammar errors.  I will look also for independent thinking and analysis.

 

This assignment assesses one of the student learning outcomes (SLOs) for our class, briefing an appellate court case.  It also relates to some of the measurable course outcomes for our class:

  • Evaluate the different components necessary for the formation of a valid contract
  • Evaluate whether a contract has been performed or breached
  • Contrast the differences between ordinary contracts and contracts for sale of goods
  • Analyze and apply some of the various defenses to contract formation

 

Pearson v. Superior Court is an appeals court CASE.  You are writing a BRIEF of this case.  The brief is simply a summary of the case, written in this particular format.

 

Case briefs are formal documents, although they are not submitted to a court.  They are simply case summaries that you prepare so you can refer back to them later.  Case briefs are often prepared in law firms and legal departments of corporations and other businesses.  Also, if you go on to business school or law school, you will learn by reading cases, and you will prepare for class by preparing case briefs.  Since case briefs are formal documents, you must not use contractions (don’t, can’t, won’t, wouldn’t, etc.), abbreviations, or slang. Refer to the people by their last names, not their first names.  Write your brief in past tense. Write out dates rather than putting them in numeric (2/23/12) form.

 

It is okay to quote from the case but you MUST use quotation marks if you quote.  You are plagiarizing if you quote without using quotation marks.  You will also be plagiarizing if you copy and paste from the case into your brief.  Do not do any outside research or use any sources other than this case (you can use our textbook but just for background understanding about criminal law and procedure and the pages listed above).

 

Read over the case several times before starting your brief.  Since you are not used to reading cases, it’s unlikely that you will understand the case the first time you read it.  This is very normal!  Organize before you start writing.

 

By Friday, November 16, at 6:00 p.m., you must submit the brief evaluation form, which is available on our Canvas page.  You may use the form to evaluate your own brief, but you will benefit more if you pair up with a classmate and exchange brief drafts.  Either way you will receive full credit if you submit your completed form on time. Participation in this exercise will count towards your 10% homework grade.  Upload your completed evaluation as a Canvas assignment.

 

uploaded on the Canvas page as a MS Word (.doc or .docx) document.  Name the document/attachment in the following format:  Last name, First name – brief CRN.  Example:  Garcia, Beau – brief #2 211__.  You will lose 5 points if you do not follow this format.

 

202 Cal.App.4th 1333

Court of Appeal, Second District, Division 6, California.

Spencer PEARSON, as Guardian ad Litem, etc., Petitioner,

v.

The SUPERIOR COURT of San Luis Obispo County, Respondent;

Gary Nicholson et al., Real Parties in Interest.

Jan. 25, 2012.

OPINION AND ORDER GRANTING PEREMPTORY WRIT OF MANDATE

YEGAN, J.

 

FACTS

Bryce Pearson, a minor, was injured while riding on an all-terrain vehicle operated by a friend. Through his father and guardian ad litem Spencer Pearson (guardian ad litem), the minor sued the friend’s family to recover damages for personal injuries. On June 9, 2010, the parties and defendants’ insurance carrier entered a settlement of the minor’s claims on the record at a settlement conference. Because Bryce was a minor, the settlement required court approval pursuant to Code of Civil Procedure section 372.1A petition for approval of the minor’s claim was filed. Tragically, Bryce died about three weeks before the superior court ruled on the petition.

 

PROCEDURE

Defendants filed opposition to the petition on the ground that the settlement agreement was not enforceable because it had not been approved by the court before the minor’s death, which extinguished damages attributable to pain and suffering. Guardian ad litem moved to enforce the settlement agreement, contending that section 372 allows only the minor to repudiate a settlement agreement before it is approved by the court. In its statement of decision, the superior court denied the petition and the motion to enforce the settlement agreement. It reasoned that the settlement agreement never became final because it had not been approved by the court prior to the minor’sdeath.  Because certain claims were extinguished by that event, the trial court concluded approval of the settlement agreement would result in a “windfall” for plaintiffs.

 

Guardian ad litem filed this petition for writ of mandate to compel the superior court to grant the motion for approval of the minor’s compromise and enforcement of the settlement agreement. We issued an order to show cause and have considered the parties’ arguments. We conclude that while the motion for approval of the minor’s compromise is pending, the settlement agreement is voidable only at the election of the minor or his guardian. Neither the letter nor the spirit of section 372 confers any right on the defendant and/or its carrier to object when the court approves or disapproves of a settlement agreement. Accordingly, we direct the respondent superior court to vacate its order denying approval of the settlement agreement and to enter a new order granting petitioner’s motion.

 

When no minors are involved, the parties to pending litigation may enter into a final and binding settlement agreement by reciting the terms of their agreement on the record, in the court in which the action is pending. After they have stipulated “orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (§ 664.6.)

 

When one of the parties to litigation is a minor, however, an additional step is required to protect the minor. It has long been the rule in California that a minor has limited capacity to enter into contracts (Fam.Code, §§ 67006701), and that “a contract of a minor may be disaffirmed by the minor before majority….” (Fam.Code, § 6710, italics added.) One corollary of this general rule is that a minor must appear as a party in litigation through a guardian ad litem or some other adult representative. The guardian ad litem “shall have power, with the approval of the court in which the action or proceeding is pending, to compromise the same, to agree to the order or judgment to be entered therein for or against [the minor], and to satisfy any judgment or order in favor of the [minor] or release or discharge any claim of the [minor] pursuant to that compromise.” (§ 372, italics added.) An agreement to settle or compromise a claim made by a minor “is valid only after it has been approved, upon the filing of a petition, by the superior court….” in the county where the minor resides or the action could have been brought. (Prob.Code, § 3500, subd. (b).)2

 

The requirements that a guardian ad litem be appointed and that the proposed compromise of a minor’s claim be approved by the trial court exist to protect the best interests of the minor. (See, e.g., Williams v. Superior Court (2007) 147 Cal.App.4th 36, 46–47, 54 Cal.Rptr.3d 13.)As the court observed in Scruton v. Korean Air Lines Co., Ltd. (1995) 39 Cal.App.4th 1596, 46 Cal.Rptr.2d 638, (Scruton ) “just as a minor lacks capacity to enter into a contract, the guardian ad litem lacks contractual capacity to settle litigation without endorsement of the court. As with any other contract where one party lacks capacity, or a necessary contractual formality has been ignored, the contract is voidable until the defect is remedied.” (Id. at p. 1605, 46 Cal.Rptr.2d 638.)

Relying heavily on Dacanay v. Mendoza (9th Cir.1978) 573 F.2d 1075, the court in Scruton held that the guardian ad litem for two minors whose mother was killed in an airplane accident could withdraw consent to the settlement of their wrongful death action against the airline at any time before the trial court approved the settlement agreement. (Scruton, supra, 39 Cal.App.4th at pp. 1605–1606, 46 Cal.Rptr.2d 638.) “[W]ithout trial court approval of the proposed compromise of the ward’s claim, the settlement cannot be valid. (Andersen [Anderson ] v. Latimer (1985) 166 Cal.App.3d 667, 676 [212 Cal.Rptr. 544].)[¶] Nor is the settlement binding [on the minor] until it is endorsed by the trial court. Subject to exceptions not applicable here, contracts are voidable by minors in California. (Fam.Code, §§ 671067011 Witkin, Summary of Cal. Law (9th ed., 1994 pocket supp.) Contracts, § 356C, pp. 71–72.) Therefore, a proposed compromise is always voidable at the election of the minor through his guardian ad litem unless and until ‘the court’s imprimatur has been placed on it.’ ” (Id. at p. 1606, 46 Cal.Rptr.2d 638, quoting Dacanay v. Mendoza, supra, 573 F.2d at p. 1080.)

 

The court in Scruton, supra, 39 Cal.App.4th at page 1608, 46 Cal.Rptr.2d 638, further held that the trial court “could not unilaterally and summarily enforce the repudiated compromise without first determining whether, in rejecting the agreement, [the guardian ad litem] had acted contrary to the best interests of the minors.” It also concluded there was no statutory authorization for the defendant to move to enforce the compromise over the guardian ad litem’s objections. (Ibid.)

Scruton and Dacanay answered the question of whether a settlement agreement may be repudiated by a minor before the agreement is approved by the trial court. It may, and neither the defendant nor the trial court may enforce the agreement over the minor’s objections. Here, by contrast, the guardian ad litem seeks court approval of the settlement agreement, not its repudiation. Thus, we are confronted with the question of whether a defendant and/or its carrier can object to court approval of the settlement. We hold that (1) while the petition for approval of the compromise is pending the settlement agreement is voidable only at the election of the minor or his guardian and (2) a defendant and/or its carrier has no right to object to the petition.

89The purpose of section 372 is to protect the minor involved in litigation by adding an extra layer of scrutiny to the settlement of the minor’s claims. This statute is a “shield” to protect the interests of a minor. It was not enacted to be a “sword” for a defendant and/or its insurance carrier. The defendant and its carrier “bought peace” at the settlement conference and were bound as of that time. The intervening death of the minor before he could get on calendar for approval should not, and does not, inure to the benefit of the defendant and/or its carrier.

 

There is a strong public policy in the State of California to encourage the voluntary settlement of litigation. (See Osumi v. Sutton (2007) 151 Cal.App.4th 1355, 1359, 60 Cal.Rptr.3d 693.)And, as indicated: “ ‘It is the policy of the law to protect a minor against himself and his indiscretions and immaturity as well as against the machinations of other people and to discourage adults from contracting with an infant. Any loss occasioned by the disaffirmance of a minor’s contract might have been avoided by declining to enter into the contract.’ (Niemann v. Deverich (1950) 98 Cal.App.2d 787, 793 [221 P.2d 178]; … accord, Burnand v. Irigoyen (1947) 30 Cal.2d 861, 866 [186 P.2d 417].)” (Berg v. Traylor (2007) 148 Cal.App.4th 809, 818, 56 Cal.Rptr.3d 140.)

 

Authorities from other jurisdictions agree with our analysis. For example, Dengler v. Crisman(Pa.Super.1986) 358 Pa.Super. 158, 516 A.2d 1231, rejected an attempt by an insurance company to rescind a settlement agreement it had made with a minor before the agreement received court approval. Pennsylvania Rule of Civil Procedure 2039 provides: “ ‘[n]o action to which a minor is a party shall be compromised, settled, or discontinued except after approval by the court pursuant to a petition presented by the guardian of the minor.’ ” (Dengler v. Crisman, supra, 358 Pa.Super. at p. 161, 516 A.2d 1231, quoting Pa.R.C.P.2039.) “We find appellants’ argument, that a settlement in a minor’s action is not binding on them until court approval is obtained, to be in direct contravention with the purpose of Pa.R.C.P.2039. Without Pa.R.C.P.2039, there is no question that a settlement would be binding on behalf of the minor, as long as the appropriate guardian represented his interest.The intent of that rule could not be to lessen the validity of such settlement, but only to add an additional layer of protection for the minor. Such a settlement is binding on the negotiators but voidable as to the minor, pursuant to Rule 2039. Once the court approves the settlement negotiated by the parties, the agreement then becomes binding on the minor. This course of action allows the guardians of a minor to effectively negotiate a settlement while at the same time protect the minor’s interest by requiring court approval before the settlement can have a binding effect on the minor. We fail to see how allowing the insurance carrier to repudiate the settlement agreement will advance the purpose of the rule. Normally, where a party enters into a settlement agreement, the agreement is binding and enforceable without court approval. Pa.R.C.P.2039 adds a requirement of court approval for the sole purpose of protecting the minor’s rights. [Citation.] The agreement to settle in a minor’s action comes into existence prior to the court’s approval and it is only the court’s disapproval of the terms of the agreement to settle that would permit a party to be released from its obligations thereunder.” (Dengler v. Crisman, supra, 358 Pa.Super. at p. 162, 516 A.2d 1231; see also White v. Allied Mutual Ins. Co. (Kan.App.2001) 29 Kan.App.2d 797, 31 P.3d 328 [insurance company whose offer to settle is accepted by a minor is bound by the terms of the offer in the period between its acceptance and the court’s review of it, which occurs for the protection of the minor]; Wizniewski v. Parks (N.Y.Sup.1996) 169 Misc.2d 326, 645 N.Y.S.2d 992 [same].)

 

Real parties in interest contend these authorities are distinguishable because in each such case, the defendants objected to the settlement agreement for “substantive” rather than “procedural” reasons. Real parties in interest insist that they seek to repudiate the settlement agreement with petitioner for procedural reasons: the minor has died and damages may no longer be recovered for his pain and suffering. But that tragic event occurred after real parties in interest entered into the settlement agreement. Because real parties in interest are not minors, the agreement was binding as to them when it was entered on the record in the trial court. (§ 664.) Had Bryce been an adult when his settlement agreement with real parties in interest was entered on the record, his subsequent death would not have released real parties in interest from their obligations under the agreement. (§§ 377.20, 377.34; Sullivan v. Delta Air Lines, Inc. (1997) 15 Cal.4th 288, 305, 63 Cal.Rptr.2d 74, 935 P.2d 781 [section 377.34 does not preclude recovery of damages for pain and suffering where plaintiff dies after “rendition of a judgment that is final in the fundamental sense that it leaves no issue to be determined between the parties except the fact of compliance,” but while an appeal from the judgment is pending].) Because real parties in interest were bound by their agreement when it was made, regardless of whether Bryce had the power to disaffirm it, the agreement remains enforceable after his death.

 

CONCLUSION

Let a peremptory writ of mandate issue, commanding the respondent superior court to (1) vacate its order of August 29, 2011, denying petitioner’s motion to enforce the settlement agreement and (2) enter a new order granting that motion. The order to show cause, having served its purpose, is discharged. Costs to petitioner. (Cal. Rules of Court, rule 8.493.)

We concur: GILBERT, P.J., and PERREN, J.

All Citations

202 Cal.App.4th 1333, 136 Cal.Rptr.3d 455, 12 Cal. Daily Op. Serv. 1035, 2012 Daily Journal D.A.R. 1033

Footnotes

1

All statutory references are to the Code of Civil Procedure unless otherwise stated.

2

Neither section 372 nor the California Rules of Court (rules 7.950 & 7.952) contemplates a noticed motion and adversary hearing when court approval of a minor’s compromise is sought. Although we need not decide the question, it would appear that a petition to approve or disapprove a minor’s compromise may be decided by the superior court, ex parte, in chambers. (§ 166(a)(1), (3); see 5 Witkin, Cal. Procedure (5th ed. 2008) Courts, § 23, p. 24.)

 

Peer Evaluation of Brief

Name of student reviewing the brief draft: _________________________

Name of student who wrote the brief draft: ______________________________

 

Format:  Are all of the following headings present, and are they all bolded and underlined?
Title, complete with citation?  (The case name and the numbers and letters that indicate where to find the case.  Just copy this from the assignment sheet.) Yes  No
Facts? Yes  No
Procedural History? Yes  No
Issue? Yes  No
Result/Holding? Yes  No
Reasoning? Yes  No
Procedural Consequences? Yes  No

 

 

Facts:  (10 points)
Do the facts tell the story behind the lawsuit?  The lawsuit should NOT be mentioned here.  This should be the background story that caused the lawsuit.  Tell it chronologically.  If in doubt, make it more detailed rather than less detailed.  Again, do not include any court stuff here. Yes  No
Comments:

 

 

 

Did the author forget anything? Yes  No
Comments:

 

 

 

Are the facts clearly written so that you can understand them? Yes  No
Comments:

 

 

 

 

 

Procedural History:  (10 points)  )  All of these questions should be answered “Yes.”
Does this section mention relevant motions, if any? Yes  No
Procedural History should start when the case enters the court system (the plaintiff sues the defendant or the criminal defendant is charged with a crime).  Does it? Yes  No
Does this section mention the initial hearing or trial, if any? Yes  No
Does it mention who won that hearing/trial? Yes  No
If the plaintiff won any money at trial, does it specify how much was awarded? Yes No
Does it mention who is appealing? Yes  No
Does it mention why that person/entity is appealing? Yes  No
Is this section written chronologically? Yes No
Do not include the outcome of the appeal here.  This section should end with the arrival of this case at this appeals court.  Does this include the appellate outcome?  If so, remove it. Yes  No

 

Issue:  (15 points)
Has the author found the question(s) that this appeals court is trying to answer?  Look for the appellant’s (the person who’s appealing) arguments on appeal.  The issues are often based on these arguments.  Try writing each argument as a question. Yes  No
Comments:

 

 

Do you think the author phrased the question(s) clearly? Yes  No
Comments:

 

 

Does the issue end with a question mark?  It doesn’t have to end in a question mark, but issues are often phrased as questions. Yes  No
Try to make the issues as specific as possible.  One way to do this is to try to include the following elements in each issue.

  • Does the issue mention the governing law (case name, statute, or amendment)?    Y/N
  • Does the issue quote the relevant language from that law?     Y/N
  • Does the issue mention any relevant facts from our case?  Y/N
If there is more than one issue, is each issue numbered, and contained in a separate paragraph? Yes  No
This section should be questions only, no background and no answers.  Just questions.  Does this section contain questions only?  If not, remove everything except the questions/issues. Yes No

 

 

 

Result/Holding:  (15 points)
Does this section answer the issue?  The result/holding should be more than simply “Yes,” “No,” or “Maybe.”  There should be a Result/Holding for each Issue, so if there are two Issues, there will be two Results/Holdings.  Number each Result/Holding, and put each in a separate short paragraph.  This is a good part of the case to quote. Yes  No
Comments:

 

 

 

 

Please help the author find and phrase the answer:

 

 

Does this section contain any of the words “affirmed,” “reversed,” or “remanded”?  If so, this section is probably incorrect.  Those words should appear in the Procedural Consequences. Y/N
The Result/Holding should be an answer that is specific to this case.  It should not be just a general statement of law.  Is the Result/Holding specific to our specific case? Yes  No
Comments:

 

 

 

 

 

 

 

 

Reasoning:  (25 points)
Please make sure that the author has not simply listed the cases and sources that the judge used to decide the case.  The author must discuss the sources (cases, statutes) and explain how they apply to our case.
IRAC:  You stated the I/issues above already.  The author should start by quoting the overall rule/law (usually a code section, part of the Constitution, or case) and then should apply it to the parties in our case, reaching a conclusionDo this for each issue.  Has this been done? Yes  No
Has the author explained how the judge decided the case? Yes  No
Comments:

 

 

After reading this section, do you feel as if you understand how the judge decided, or do you feel more confused? Understand  Confused
Explain.

 

 

Has the author discussed the legal authorities (cases, statutes, constitution) and the facts together? Yes  No
Has the author used paragraphs as appropriate?  Each issue should have at least one paragraph devoted to it. Yes  No
Comments:

 

 

How might the author improve this section?

 

 

 

 

Procedural Consequences:  (5 points)
Does this section mention the word “affirmed,” or “reversed,” “modified,” or “remanded”?  It should. Yes  No
This section should be only 1 – 2 sentences long.  Is it? Yes  No

 

 

Overall/Miscellaneous:
Has the author used paragraphs as appropriate (for example, there should be no paragraphs over one page long)? Yes  No
Is the first line of each paragraph indented? Yes  No
Has the author used quotation marks when quoting?  You MUST use quotation marks if quoting.  Otherwise it’s plagiarism. Yes  No
Has the author copied and pasted anything from the case?  The answer here should be NO since this is plagiarism. Yes  No
Has the author checked his/her spelling? Yes  No
Has the author used proper grammar? Yes  No
Has the author avoided using contractions or abbreviations? Yes  No
Is the brief double-spaced and typed? Yes  No
Did the author use an 11- or 12-size font? Yes  No
The author should refer to everyone by their last names, not their first names. Yes  No
Has the author used past tense instead of present tense? Yes No
Has the author used names rather than party designations (defendant, plaintiff, appellant, appellee, etc.) Yes No
Are all case names italicized? Yes  No
Did the author avoid leaving any headings by themselves at the bottom of the page? Yes  No
For online BUSL 18:  Did the author name/save his/her document in the following format:  Last name, first name – brief # __, CRN (5 points – online classes only) Yes No

 

Did the author include his/her name on the brief? Yes No
Is there any other constructive comment you would like to make?

 

 

 

 

Peer Evaluation of Brief

 

Name of student reviewing the brief draft: _________________________

Name of student who wrote the brief draft: ______________________________

 

Format:  Are all of the following headings present, and are they all bolded and underlined?
Title, complete with citation?  (The case name and the numbers and letters that indicate where to find the case.  Just copy this from the assignment sheet.) Yes  No
Facts? Yes  No
Procedural History? Yes  No
Issue? Yes  No
Result/Holding? Yes  No
Reasoning? Yes  No
Procedural Consequences? Yes  No

 

 

Facts:  (10 points)
Do the facts tell the story behind the lawsuit?  The lawsuit should NOT be mentioned here.  This should be the background story that caused the lawsuit.  Tell it chronologically.  If in doubt, make it more detailed rather than less detailed.  Again, do not include any court stuff here. Yes  No
Comments:

 

 

 

Did the author forget anything? Yes  No
Comments:

 

 

 

Are the facts clearly written so that you can understand them? Yes  No
Comments:

 

 

 

 

 

Procedural History:  (10 points)  )  All of these questions should be answered “Yes.”
Does this section mention relevant motions, if any? Yes  No
Procedural History should start when the case enters the court system (the plaintiff sues the defendant or the criminal defendant is charged with a crime).  Does it? Yes  No
Does this section mention the initial hearing or trial, if any? Yes  No
Does it mention who won that hearing/trial? Yes  No
If the plaintiff won any money at trial, does it specify how much was awarded? Yes No
Does it mention who is appealing? Yes  No
Does it mention why that person/entity is appealing? Yes  No
Is this section written chronologically? Yes No
Do not include the outcome of the appeal here.  This section should end with the arrival of this case at this appeals court.  Does this include the appellate outcome?  If so, remove it. Yes  No

 

Issue:  (15 points)
Has the author found the question(s) that this appeals court is trying to answer?  Look for the appellant’s (the person who’s appealing) arguments on appeal.  The issues are often based on these arguments.  Try writing each argument as a question. Yes  No
Comments:

 

 

Do you think the author phrased the question(s) clearly? Yes  No
Comments:

 

 

Does the issue end with a question mark?  It doesn’t have to end in a question mark, but issues are often phrased as questions. Yes  No
Try to make the issues as specific as possible.  One way to do this is to try to include the following elements in each issue.

  • Does the issue mention the governing law (case name, statute, or amendment)?    Y/N
  • Does the issue quote the relevant language from that law?     Y/N
  • Does the issue mention any relevant facts from our case?  Y/N
If there is more than one issue, is each issue numbered, and contained in a separate paragraph? Yes  No
This section should be questions only, no background and no answers.  Just questions.  Does this section contain questions only?  If not, remove everything except the questions/issues. Yes No

 

 

 

Result/Holding:  (15 points)
Does this section answer the issue?  The result/holding should be more than simply “Yes,” “No,” or “Maybe.”  There should be a Result/Holding for each Issue, so if there are two Issues, there will be two Results/Holdings.  Number each Result/Holding, and put each in a separate short paragraph.  This is a good part of the case to quote. Yes  No
Comments:

 

 

 

 

Please help the author find and phrase the answer:

 

 

Does this section contain any of the words “affirmed,” “reversed,” or “remanded”?  If so, this section is probably incorrect.  Those words should appear in the Procedural Consequences. Y/N
The Result/Holding should be an answer that is specific to this case.  It should not be just a general statement of law.  Is the Result/Holding specific to our specific case? Yes  No
Comments:

 

 

 

 

 

 

 

 

Reasoning:  (25 points)
Please make sure that the author has not simply listed the cases and sources that the judge used to decide the case.  The author must discuss the sources (cases, statutes) and explain how they apply to our case.
IRAC:  You stated the I/issues above already.  The author should start by quoting the overall rule/law (usually a code section, part of the Constitution, or case) and then should apply it to the parties in our case, reaching a conclusionDo this for each issue.  Has this been done? Yes  No
Has the author explained how the judge decided the case? Yes  No
Comments:

 

 

After reading this section, do you feel as if you understand how the judge decided, or do you feel more confused? Understand  Confused
Explain.

 

 

Has the author discussed the legal authorities (cases, statutes, constitution) and the facts together? Yes  No
Has the author used paragraphs as appropriate?  Each issue should have at least one paragraph devoted to it. Yes  No
Comments:

 

 

How might the author improve this section?

 

 

 

 

Procedural Consequences:  (5 points)
Does this section mention the word “affirmed,” or “reversed,” “modified,” or “remanded”?  It should. Yes  No
This section should be only 1 – 2 sentences long.  Is it? Yes  No

 

 

Overall/Miscellaneous:
Has the author used paragraphs as appropriate (for example, there should be no paragraphs over one page long)? Yes  No
Is the first line of each paragraph indented? Yes  No
Has the author used quotation marks when quoting?  You MUST use quotation marks if quoting.  Otherwise it’s plagiarism. Yes  No
Has the author copied and pasted anything from the case?  The answer here should be NO since this is plagiarism. Yes  No
Has the author checked his/her spelling? Yes  No
Has the author used proper grammar? Yes  No
Has the author avoided using contractions or abbreviations? Yes  No
Is the brief double-spaced and typed? Yes  No
Did the author use an 11- or 12-size font? Yes  No
The author should refer to everyone by their last names, not their first names. Yes  No
Has the author used past tense instead of present tense? Yes No
Has the author used names rather than party designations (defendant, plaintiff, appellant, appellee, etc.) Yes No
Are all case names italicized? Yes  No
Did the author avoid leaving any headings by themselves at the bottom of the page? Yes  No
For online BUSL 18:  Did the author name/save his/her document in the following format:  Last name, first name – brief # __, CRN (5 points – online classes only) Yes No

 

Did the author include his/her name on the brief? Yes No
Is there any other constructive comment you would like to make?

 

 

 

 

 

Calculate the price
Make an order in advance and get the best price
Pages (550 words)
$0.00
*Price with a welcome 15% discount applied.
Pro tip: If you want to save more money and pay the lowest price, you need to set a more extended deadline.
We know how difficult it is to be a student these days. That's why our prices are one of the most affordable on the market, and there are no hidden fees.

Instead, we offer bonuses, discounts, and free services to make your experience outstanding.
How it works
Receive a 100% original paper that will pass Turnitin from a top essay writing service
step 1
Upload your instructions
Fill out the order form and provide paper details. You can even attach screenshots or add additional instructions later. If something is not clear or missing, the writer will contact you for clarification.
Pro service tips
How to get the most out of your experience with Homework Writing Services
One writer throughout the entire course
If you like the writer, you can hire them again. Just copy & paste their ID on the order form ("Preferred Writer's ID" field). This way, your vocabulary will be uniform, and the writer will be aware of your needs.
The same paper from different writers
You can order essay or any other work from two different writers to choose the best one or give another version to a friend. This can be done through the add-on "Same paper from another writer."
Copy of sources used by the writer
Our college essay writers work with ScienceDirect and other databases. They can send you articles or materials used in PDF or through screenshots. Just tick the "Copy of sources" field on the order form.
Testimonials
See why 20k+ students have chosen us as their sole writing assistance provider
Check out the latest reviews and opinions submitted by real customers worldwide and make an informed decision.
Medicine
Great job.
Customer 463301, November 14th, 2022
English 101
Creative!
Customer 460641, April 13th, 2022
Law
Commendable.
Customer 456823, April 29th, 2022
Business and administrative studies
Use Grammarly on all your papers.
Customer 459947, March 28th, 2022
History
looks great
Customer 463501, October 16th, 2022
Business and administrative studies
Thank you!
Customer 453187, February 21st, 2022
Healthcare & Medical
Excellent work!
Customer 463337, November 18th, 2022
Military
Good job
Customer 456821, November 13th, 2022
Business and administrative studies
Excellent work!
Customer 452719, June 11th, 2022
Military
excellent
Customer 456821, October 4th, 2022
Entertainment & Gaming
Good content.
Customer 452441, April 4th, 2022
Communications
best writer and customer service. Thanks Tony!
Customer 462787, August 30th, 2022
11,595
Customer reviews in total
96%
Current satisfaction rate
3 pages
Average paper length
37%
Customers referred by a friend
OUR GIFT TO YOU
15% OFF your first order
Use a coupon FIRST15 and enjoy expert help with any task at the most affordable price.
Claim my 15% OFF Order in Chat