Brief

In an upscale neighborhood, then perhaps it could argue that Its failure to provide security patrols Is reasonable. If the business Is located In a crime-ridden area, When briefing a case, your goal is to reduce the information from the case Into a format that will provide you with a helpful reference in class and for review. Most Importantly, by briefing a case, you will grasp the problem the court faced (the issuel the relevant law the court used to olve it (the rule) how the court applied the rule to the facts (the application or analysisb and the outcome (the conclusion). You will then be ready to not only discuss the case, but to compare and contrast it to other cases involving a similar issue. Before attempting to brief a case, read the case at least once, Follow the IRAC method in briefing cases: Facts* Write a brief summary of the facts as the court found them to be. Eliminate facts that are not relevant to the courts analysis. For example, a businesss street address is probably not relevant to the courts decision ot the issue ot whether the business that old a detective product Is able for the resulting Injuries to the plaintiff. However, suppose a customer who was assaulted as she left Its store Is suing the business. The customer claims that her Injuries were the reasonably foreseeable result of the businesss failure to provide security patrols. If the business Is then perhaps the customer Is right. Instead of Including the street address In the case brief, you may want to simply describe the type of neighborhood in which it Is located. Note: the time of day would be another relevant factor in this case, among others). Procedural History* What court authored the opinion: The united States Supreme Court? The California Court of Appeal? The Ninth Circuit Court of Appeals? (Hint: Check under the title of the case: The Court and year of the decision will be given). If a trial court issued the decision, is it based on a trial, or motion for summary judgment, etc.? If an appellate court issued the decision, how did the lower courts decide the case? Issue What is the question presented to the court? Usually, only one issue will be discussed, but sometimes there will be more. What are the parties fighting about, nd what are they asking the court to decide? For example, in the case of the assaulted customer, the issue for a trial court to decide might be whether the business had a duty to the customer to provide security patrols. The answer to the question will help to ultimately determine * This applies to case briefs only, and not exams. use the IRAC method In answering exams: Issue,Rule/Andlysls/Concluslon. hether the business Is liable for negligently failing to provide security patrols: whether the defendant owed plaintiff a duty of care, and what that duty of care Is, re key Issues in negligence claims. Rule(s): Determine what the relevant rules of law are that the court uses to make its decision. These rules will be identified and discussed by the court. For example, in the case of the assaulted customer, the relevant rule of law is that a property owners duty to prevent ha rm to invitees is determined by balancing the foreseeability of the harm against the burden of preventive measures. There may be more than one relevant rule of law to a case: for example, in a negligence case in which the defendant argues hat the plaintiff assumed the risk of harm, the relevant rules of law could be the elements of negligence, and the definition of assumption of risk as a defense. Dont just simply list the cause of action, such as negligence as a rule of law: What rule must the court apply to the facts to determine the outcome? Application/Analysis: This may be the most important portion of the brief. The court will have examined the facts in light of the rule, and probably considered all sides and arguments presented to it. How courts apply the rule to the facts and analyze the case must be nderstood in order to properly predict outcomes in future cases involving the same issue. What does the court consider to be a relevant fact given the rule of law? How does the court interpret the rule: for example, does the court consider monetary costs of providing security patrols in weighing the burden of preventive measures? Does the court imply that if a business is in a dangerous area, then it should be willing to bear a higher cost for security? Resist the temptation to merely repeat what the court said in analyzing the facts: what does it mean to you? Summarize the ourts rationale in your own words. If you encounter a word that you do not know, use a dictionary to find its meaning. Conclusion What was the final outcome of the case? In one or two sentences, state the courts ultimate finding. For example, the business did not owe the assaulted customer a duty to provide security patrols. Note: Case briefing is a skill that you will develop throughout the semester. Practice will help you develop this skill. Periodically, case briefs will be collected for purposes of feedback. At any time, you may submit your case brief(s) for feedback.

The power of non violence Essay Example | Topics and Well Written Essays - 750 words

The power of non violence - Essay Example Men are unique beings capable of moral reasoning. Due to this, people should strive to ensure that they use this capability to come up with solutions for problems which might arise. Violence is an extreme form of problem solving. Violence has led to destruction in the world with issues which could be solved in a respectable manner being solved by violent means. People should strive to ensure that violence is not used in any situation. Many people see violence as important in problem solving This is due to the notion that forcing people into compliance is the best and fastest method of getting someone to conform to a certain laws or regulations. Violence is also perceived to be the best way of fighting for a person’s rights. However, recent evidence has shown that non-aggression is the better way of fighting against oppression and for ones rights. These writings have changed my thinking in that it has led to me to believe that violence should not be the solution to solving any problems which may arise. Non-violence is a better means of solving problems that was overlooked by most people. Mahatma Gandhi was able to use nonviolence means to gain independence for the Indian people. Mahatma Gandhi popularised nonviolence as a way of solving problems. These writings show the importance of nonviolence as a way of coming up with solutions o common problems. Nonviolence is a way of fighting oppression which has been in for many years. A person who voluntarily agrees to suffer for a certain belief moves people around him. This leads to a change in heart where people begin to share the beliefs of the sufferer. People may even begin to feel attached to the sufferer Nonviolent means are steady and bound to attract more followers. This is similar to how the blood of the martyrs was the foundation of Christianity. (Richard Gregg, 1960, pg. 28) The writings mourn how people have become inconsiderate of each other. The writings show us that people are willing to live wit h the bad things in the society. This is as long as such negative effects do not touch on the lifestyle of the people. According to Emma Goldman, people are responsible for the problems they encounter. This is as most people are not ready to stand for what they believe is correct. Lack of ideals which guide a certain society leads to be prone to manipulation by external forces. The writers mourn the state with which people live and the neglect governments have on people. The writer shows this through several examples such as the one of the Italian weaver who killed the king. This story shows us of how an Italian weaver decided to go back home and kill the king as a result of the suffering he saw his people undergoing. (Goldman Emma 1917) The writings lament the fact that courts have been used as a tool for violence. When you look at the situation from the defendants view, you find the justice system to be violent. The legal system is designed to instil fear of consequences in the ge neral public. The writer mourns the legal system for being a tool for oppression of people in a given society. The legal system is used to intimidate people into following certain policies at the expense of other better policies. (Cover, 1986) The writers have used parables in their works. The use of parables is seen whereby the writers represent social evils with things which are easily accepted. In his second letter to his German friend, Albert Camus says that night is a time for meditation. By this the writer implies that solutions to problems come when the problem affects you the most. Parables are also used by the writers in showing how the people in the society have become effective in causing pain and suffering to one another. (Camus Albert 1943) These readings enable a person to think of the possibilities of making the world better for future generations that will live here. Fanon shows us that the fate of the world depends on all who live in it and not just leaders of diffe rent people in the soc

Personal code of ethics Essay Example | Topics and Well Written Essays - 500 words

Personal code of ethics - Essay Example This paper will focus on answering what ethics is, the ethics that the author stands for, where these ethical believes come from, and what are the major current influences on it. Ethics refers to the evaluation and study of the behavior of a human being in relation to the moral principles that govern the society. Moral principles are the expected standards of conduct that the society requires individuals to live and abide by them (Espejo, 2010). Ethics can also be defined as the principles of behavior that guide the manner in which employees of a certain profession need to behave (Espejo, 2010). Ethics always define the manner in which we as individuals need to behave when we are faced by serious and difficult situations. One of my codes of ethics is always to speak the truth, no matter the consequences of my action. It is always within my beliefs that honesty is the best virtue of life, and an honest society will always prosper in whatever issue they do. It is also within my belief that when people became honest, then chances are high that the various ills within the society will be solved. These are issues like theft and corruption, which always thrive when an individual wants to make a dishonest gain. This ethical code of conduct emanates from my religious beliefs of Islam. The Islamic teachings always advocate for honesty, and sincerity in any dealings between people. In the current era, there is always a need of transparency and integrity in the various business organizations and government institutions. These transparencies and integrity are all elements of honesty. Without honesty, integrity and transparency does not exist. Another ethical value that I believe in is the respect to my superiors and co-workers. Respect is an important virtue as well as an important ethical procedure. Within any organization, there is always an hierarchical structure that outlines who the leaders in the organization are. For anybody