MLA FORMAT* Select a case from the provided list, go over the case, and then answer the following questions in the order they are presented. The questions should also be included in the document. Attachments with the list and questions will be provided.
Your case report consists of answering some specific questions based on a court case that you are assigned. This assignment will take the student more in depth with a case than the Case Briefing assignments. Students must answer the questions in the order that they are provided. The questions should also be included in the document and be in bold.
For the purposes of the assignment, the instructor is more interested in the student’s ability to convey their answers through writing, rather than the student’s legal knowledge. You should also consider the following:
• Before answering the questions, be sure to read the explanations underneath the boldfaced questions. Some questions require multiple answers.
• When constructing your responses, first read the case and then put the answers in your own words. Do not copy the language from the case and paste it into your report (unless otherwise noted/cited).
• Do not write an essay. When I receive your case report its length should not exceed five pages. The limited space is to make you synthesize the material and put it in a form that is understandable.
Case Report Questions (questions should be included in your document)
1. What is the style (the abbreviated party names) and the legal citation for your case?
For example, use something like “Smith v. Jones” instead of “Adam Smith, The Adam Smith Corporation and its Subsidiaries v. John Jones, Jones Acme Corp., OwnWorld LTD.”
In other words, don’t list all the plaintiffs and defendants. Go by the style. Don’t forget to include the citation. You may cut and past this directly from the source, but make sure you get it right one and that it is complete.
2. What is the system and level of the “instant court?”
By your citation, you should be able to tell me which system (federal or state) and which level (trial, appeals or supreme) your case is coming from. Therefore, answer this question with only two of the following words:
o Either “federal” or “state” and
o Either “trial,” “appeals,” or “supreme court.”
Note: The “instant court” is the one who wrote the opinion you are reading. The “lower courts” are where the case began and was, perhaps, appealed.
3. Who wrote the opinion in your case?
This is usually right at the beginning of the opinion.
4. Summarize in your own words the facts that led to the legal conflict in your case.
Don’t make this too long. (Remember your page limit.) Sometimes it can be as simple as “Editor John Jones published a story in the Daily Bugle that said Adam Smith had been convicted of burglary. Smith sued Jones for libel. Jones claimed that he had relied on standard journalistic practices in deciding to run the story.” Be sure not to include the legal history, which will be covered in the next question.
5. What is the legal history of this case?
o What is the cause of action?
o Where did the case originate and what did the lower courts do?
o Why is the appellant asking for on appeal?
6. What are the media law issues presented in the case?
All issues must be stated in the form of a question. One issue might be, “Is the Communications Decency Act’s attempt to protect children from indecent speech on The Internet too restrictive of adult’s rights to be Constitutional?” Since there are two sides to this issue involving indecent speech on The Internet, we must include:
Recognition of the Government Interest Competing Interests
Protect children. Adults have the right to view and read indecent material.
7. What was the legal outcome of the media law issues?
In other words, what did the court decide? Why?
Note: Be sure you are reading the decision of the court that decided this case and not a lower court’s holdings being argued in the opinion.
8. Were there any dissents? Who wrote them and what did they say?
These are found at the end of your case. These are very important. Make sure you read them and understand what they say.
9. What kind of law (statutory, administrative, case, and constitutional) is at issue in this case?
One cannot be sued unless there is a specific law that is alleged to be violated. Sometimes it’s more than one kind of law. For instance, copyright law (statutory) protects one’s work, but a defendant might cite case law or the Constitution in its defense.
10. Express your opinion of the court’s opinion. Do you agree or disagree with the court’s opinion? Why?