SPM 325 Case Analysis 1

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DIRECTIONS: Students will summarize and analyze (critical thinking is involved here) different law cases throughout the semester.
This first case study is to be Sunday v. Stratton Corporation 390 A.2d 398 (Vermont 1978).
The second case analysis will be one of the student's choice from any chapter bibliography within the text.
The following topic areas should be addressed:
- 1. Who the plaintiff is
- 2. Who the defendant is
- 3. What the undisputed facts of the case are
- 4. The argument for the plaintiff
- 5. The argument for the defendant
- 6. Findings
- 7. Judge’s rationale
- 8. The student’s personal thoughts and response to the case
Fill out EACH section of the form. Students are to write two to four paragraphs related to each of the case analyses areas below. Emphasis is placed on the specific details, facts, examples and a solid discussion/analysis.
Note that this form sends me an email (date/time stamped) of all of your answers, and thus, should be submitted on time. Late submissions will be deducted accordingly.
Also, note that if you submit this form more than once, you MUST COMPLETE the ENTIRE FORM each time. As with all forms submitted to me, the student should paste the contents of this COMPLETED form in a Word document to retain and save in their possession. This will ensure that the student has copies of all materials should a form need to be resubmitted.
(required)
Discuss who the Plaintiff in the case is. This is to involve naming the Plaintiff as well as providing any background info (e.g., occupation, age, etc.) about the Plaintiff. It is not to include a discussion of the Plaintiff's argument.(required)
Discuss who the Defendant in the case is. This is to involve naming the Defendant as well as providing any background info (e.g., occupation, age, type of business, location of business, etc.) about the Plaintiff. It is not to include a discussion of the Defendant's argument.(required)
State the undisputed facts of the case. This section is to detail exactly what happened, but only that which is factual-not the argument's of either party. This section involves "just the facts." For example, "the Plaintiff broke his ankle sliding into first base" is factual, "the Plaintiff slid, when he shouldn't have, into first base; This caused him to break his ankle" is not a completely factual statement but involves opinions. This sections should tell the whole story of the incident necessitating this case. That is, you should include all of the facts such that one can clearly understand what happened that lead to the Plaintiff filing suit against the Defendant.(required)
Discuss the argument for the Plaintiff. This section involves info in the case from the Plaintiff's point of view. Why he/she/they believe(s) that the Defendant was in the wrong, at fault, etc. This should also involve detailing what piece of law he/she/they believe(s) was broken, is involved, or should allow them to win the case (for example, negligence, assault and battery, etc.). In detailing the law, BE SURE TO DISCUSS EACH OF THE ELEMENTS involved in that particular area of law. This section should involve several paragraphs, and include insight from the text and lectures demonstrating that the student understands the principles and elements of the law.(required)
Discuss the argument for the Defendant. This section involves info in the case from the Defendant's point of view. Why he/she/they believe(s) that the Plaintiff was in the wrong, at fault, etc. This should also involve detailing what piece of law he/she/they believe(s) was broken, is involved, or should allow them to win the case. This involves discussing EACH of the elements of (their defense via) a specific piece of law (for example, negligence involves duty, breach, cause, harm etc.). This section should involve several paragraphs, and include insight from the text and lectures demonstrating that the student understands the principles and elements of the law.(required)
Discuss the findings in the case. Who ultimately won (you may have to sort through the appeals to figure this out). For example, the Plaintiff could have won in the original court, but the case may have been overturned on appeal, meaning that the Defendant ultimately won). On what point of laws were any appeals filed? If motions were filed, what were the motions? Were they granted or denied and why? What was awarded to the winner of the case? This section should be specific and detailed. It will likely involve 2 or more paragraphs.(required)
Discuss the judge's rationale in the case. Specifically, restate what was being sought/claimed, then give the legal reasoning behind the decision for/against each of the presented arguments/claims. This section should be 2-3 paragraphs and should completely discuss each of the issues the Plaintiff may have filed suit for as well as each of the counter arguments for the Defendant. It should evidence that the student knows the decision made by the judge on each of the critical points in the case. Missing details will cause points to be deducted.(required)
The student should discuss his/her personal thoughts and response to the case. This involves writing 2-3 solid paragraphs, based on the facts and the arguments as the student interprets them, and the student’s knowledge. This section has no right or wrong answer per se, except for the student who fails to write a detailed account of his/her thoughts and reactions to this case. Whenever possible the student SHOULD INCLUDE personal stories or vignettes that illustrate the student's viewpoint as shaped by his/her past experiences. *This is a critical section, and is one that student's often lose points on for failing to personalize their reaction and discussion of the case.(required)
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