Complete a case analysis. Read the following case and prepare a brief summary of the case.
Lee v. Weisman, 505 U.S. 577 (1992).
Format of the case analysis:
Case Name
Case Citation
Plaintiffs.List all plaintiffs and explain who they are and the positions they hold or reason they are a plaintiff.
Defendants List all defendants and explain who they are or what position they hold relevant to this case.
Date of Decision:
Facts.These should be written in past tense, listing them in chronological order is helpful. Any information you find may be relevant to the case. For example, information related to a person's age, the event, the injury, the circumstances leading up to the injury, actions taken by the plaintiff(s) or the defendant(s). Using your notes from throughout the class may also help you decide upon important facts in your case.
Issue or Question(s) of Law. These are the main issues the court is attempting to answer. They are usually stated in the form of a question.
Example: Did Mr. Doe owe a duty to John Smith for failing to provide safe equipment? If Mr. Doe did breach this duty, did the breach directly cause John's ankle to be broken?
Another way of looking for issues in a case is by defining exactly what the court must decide.
Other issues may involve contracts, such as a waiver. An issue may revolve around the validity of a waiver. Such an issue could be simply stated as: "Is the waiver signed by the plaintiff valid?"Issues can also revolve around a law or statute, e.g., whether the Volunteer Protection Act is applicable in the case.
Example: Does the Volunteer Protection Act apply in this case? (It is a question the court is trying to resolve.)
Defense(s) used in this case and what information you found that shows this was a defense. These should be actual defenses in the case. Sometimes, these are clearly stated as defenses, at other times, you may need to peruse your list of defenses. Remember, too, that a law such as the Volunteer Protection Act can be used as a defense. If a law applies in providing immunity, for example, then this would be a defense.
List the defenses used and explain why/how they were used as defense.
Decision or Holding. Identify the decision(s) of the court in the following manner.
Sample decisions:
· For the plaintiff, reversed and remanded
· Summary judgment for the defendant
· Affirmed
No explanations are needed here. Just simply state the decision.
If you have an appealed case, state here all decisions made by each court.
Damages awarded, if any. Explain any monetary or other damages awarded by the court to the plaintiff.
Rationale. Summarize why the court made the decision that it made. Use your own words. You must explain the rationale for each of the issues identified.
State your beliefs. In this section, explain whether you agree or disagree with the court's decision.
Use your notes to explain why you agree or disagree. Make your point(s) based on sound rationale. Use your own words and not the wording of the court, so that I know you understand the case. You are now applying and displaying what you have learned in class.