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POL 123 – Case Analysis Instructions
Purpose
The goals of this assignment are to provide a valuable skill and
to assess your ability to comprehend and
apply case law. Reading, briefing, and applying what you are
reading in your textbook and learning in the
modules are effective ways to become literate in the process of
the U.S. legal system.
Conducting an Analysis
Before making and defending a decision, you must be familiar
with the relevant law. For our purposes,
your textbook and course material provide all the legal concepts
needed to apply the law to a factual
situation. Once you are familiar with the general content of the
chapter, you should be able to recognize
the issue involved in a case and find the legal concepts that will
help you decide the case. For your
reference, a sample analysis is provided at the end of this
document.
First, you will read the assigned fact patterns (provided via a
link in the module). Then, you will complete
an analysis for all fact patterns presented. Each analysis should
contain the following:
1. The main issue. Identify and write (in your own words, at
least 50% original) the central issue to be
decided. As much as possible, set the issue in legal terms and
concepts.
2. Relevant legal concepts quoted from textbook court opinions.
Search the assigned chapter for legal
concepts that will help you decide and justify your decision.
Once you find the quotations you wish to
use, copy them into the appropriate places in your analysis.
3. Relevant case law quoted from the textbook.
4. Rationale. Write (in your own words, at least 50% original) a
complete explanation about how you
used the legal concepts you cited to make a decision about how
the case should be resolved.
5. Ruling. Describe (in your own words, at least 50% original)
what should happen to the parties
involved as a result of your decision.
Submit your Case Analysis to the Dropbox no later than Sunday
11:59 PM EST/EDT of the assigned
module. (The Dropbox baskets for these assignments are linked
to Turnitin.)
Grading Rubric
Ratings:
Exceptional corresponds to an A (90-100). Performance is
outstanding; significantly above the usual
expectations.
Proficient corresponds to a grade of B- to B+ (80-89%). Skills
are at the level of expectation.
Basic corresponds to a C- to C+ (70-79%). Skills are acceptable
but improvements are needed to meet
expectations well.
Novice corresponds to a D to D+ (60-69%). Performance is
weak; the skills are not sufficiently
demonstrated at this time.
0 This criterion is missing or not in evidence.
Criteria
Ratings
0 Novice Basic Proficient Exceptional
Correctly framing the specific legal question to be
decided
12-13 14-15 16-17 18-20
Identifying and quoting relevant material from the
assigned chapter
12-13 14-15 16-17 18-20
Correctly applying the cited legal concepts to your
decision
12-13 14-15 16-17 18-20
The insightfulness and organization of your rationale
12-13 14-15 16-17 18-20
Originality and writing quality 12-13 14-15 16-17 18-20
Total 100
Academic Honesty
This assignment should include your original work and be
treated as a take-home examination. You may
copy legal concepts and case law from the textbook into the
“Relevant legal concepts” and “Relevant
case law” sections, but the rest should be written “in your own
words” (at least 50% original). The
Dropboxes for all Case Analyses are linked to Turnitin, and
each submission will be scanned for
originality. Substantial overlap with the writing of other
students constitutes academic dishonesty and will
result in appropriate sanctions.
Sample Analysis Using Headings
Main Issue (your own words)
Has the State of Kentucky violated procedural due process by
depriving inmates of a protected liberty
right to prison visitors with our a hearing to challenge a visitor
who is banned?
Relevant Legal Concepts From Text (quoted from textbook
opinions)
Procedural Due Process - 14th Amendment – Section 1. “...nor
shall any state deprive any person of life,
liberty, or property, without due process of law; ...” (pp. 28 &
671)
Relevant Liberty Definition: “...a vast scope of personal rights.
It also infers the absence of arbitrary and
unreasonable government restraints. (p. 29)
“The due process guarantee protects people from unfairness in
the operation of both substantive and
procedural law.” Procedural law prescribes the method used to
enforce legal rights. It provides the
machinery by which individuals can enforce their rights or
obtain redress for the invasion of such rights.”
(p. 29).
Since procedural due process rights cost the government time
and money: “Courts generally therefore
generally try to balance accuracy against its cost on a case-by-
case basis.”
Relevant Case Law from Text (quoted from textbook)
Connecticut Department of Public Safety v. John Doe “In cases
such as Washington v. Constantineau
(1971) and Goss v. Lopez (1975) we held that due process
required the government to afford the plaintiff
a hearing to prove or disprove a particular set of facts.”
However, “...a convicted offender has already had
a procedurally safeguarded opportunity to contest.” “Plaintiffs
who assert a right to a hearing under the
Due Process Clause must show that the facts they seek to
establish in that hearing are relevant under the
statutory scheme.” (p. 46)
Rationale (your own words)
Since the State of Kentucky had “...established regulations to
guide prison officials in making visitation
decisions,.” one could argue that an inmate’s liberty to have
visitors has been recognized. It could be
further argued that denial of a hearing to challenge the finding
that a specific visitor could be barred is
protected by due process. However, conducting court hearings
requiring an adversary proceeding could
be unduly burdensome of the state and the liberty of an inmate
has been deprived initially in a
procedurally safeguarded hearing. Depravation of the liberty of
convicted inmates to have specific visitors
is outweighed by the burden of conducting such hearings.
Ruling (your own words)
The State of Kentucky need not provide hearings for denial of
inmate visitors.
Sample Case Analysis in Essay Style
The main issue in this case is whether the State of Kentucky
violated procedural due process by
depriving inmates of a protected liberty right to prison visitors,
without a hearing to challenge a visitor who
is banned.
This is a due process case. Procedural Due Process is in the
14th Amendment – Section 1. “...nor shall
any state deprive any person of life, liberty, or property,
without due process of law...” (pp. 28 & 671). The
relevant definitions here is the definition of liberty: “...a vast
scope of personal rights. It also infers the
absence of arbitrary and unreasonable government restraints. (p.
29)
“The due process guarantee protects people from unfairness in
the operation of both substantive and
procedural law.” Procedural law prescribes the method used to
enforce legal rights. It provides the
machinery by which individuals can enforce their rights or
obtain redress for the invasion of such rights.”
(p.29) Since procedural due process rights cost the government
time and money: “Courts generally
therefore generally try to balance accuracy against its cost on a
case-by-case basis.
The Court examined this issue in Connecticut Department of
Public Safety v. John Doe, stating “In cases
such as Washington v. Constantineau (1971) and Goss v. Lopez
(1975) we held that due process
required the government to afford the plaintiff a hearing to
prove or disprove a particular set of facts.”
However, “...a convicted offender has already had a
procedurally safeguarded opportunity to contest.”
“Plaintiffs who assert a right to a hearing under the Due Process
Clause must show that the facts they
seek to establish in that hearing are relevant under the statutory
scheme.” (p. 46)
Since the State of Kentucky had “...established regulations to
guide prison officials in making visitation
decisions,” one could argue that an inmate’s liberty to have
visitors has been recognized. It could be
further argued that denial of a hearing to challenge the finding
that a specific visitor could be barred is
protected by due process. However, conducting court hearings
requiring an adversary proceeding could
be unduly burdensome of the state and the liberty of an inmate
has been deprived initially in a
procedurally safeguarded hearing. Deprivation of the liberty of
convicted inmates to have specific visitors
is outweighed by the burden of conducting such hearings.
The court should rule in favor of the State of Kentucky.
POL 123 – Case Analysis 2 Fact Patterns
For each fact pattern, specify the essential legal issue(s)
involved, describe the legal concepts from the text, decide
which side should win, and explain your reasoning and how you
used the legal concepts to arrive at your decision. See the Case
Analysis Instructions for further information about completing
this assignment.
1. Chris Rock v. Larry the Cable Guy
Larry the Cable Guy and Chris Rock decided to go on a “laugh
tour” together. They believed that with Larry’s redneck humor
and Chris’ urban jokes, they could pack the venues with twice
as many fans. They made millions of dollars. Soon thereafter,
they split up as an act; however, Larry continued to use some of
the material that was written by Chris. While they were a duo
act, they had contractually agreed that if they ever broke up,
they would not use each other’s material without payment.
Larry has not paid Chris anything for the use of his comic
material, so Chris is suing him in civil court for breach of
contract and asking the court to award him $500,000 in unpaid
fees for the use of his material. To notify Larry that he is a
defendant in a breach of contract lawsuit, the court has twice
attempted to serve a summons and complaint at Larry’s
permanent residence. Because Larry frequently travels with his
act, he was not found at home. The process server petitioned the
court for alternative service and it was granted. Larry was
thereby sent the complaint and summons by certified mail, and
notification of the suit was also published for two weeks in the
local newspaper. Larry knows he has been violating the contract
with Chris, and that sooner-or-later he would be sued; therefore,
he never accepts certified letters or reads the local paper.
Needless to say, Larry never responded to the suit. After six
months have elapsed, Chris motioned for a default judgment in
his favor for $500,000 and court costs, and this motion was
granted. Now Larry is appealing this default judgment because
he was not properly notified of the suit against him. In your
analysis, discuss whether you would you affirm or reverse the
default judgment?
2. W.R. Reeves v. Central of Georgia Railway Company
W.R. Reeves filed suit under the Federal Employers Liability
Act against his employer, Central of Georgia Railway Company,
seeking damages he allegedly suffered when the train on which
he was working derailed near Griffin, Georgia. The liability of
the defendant railroad was established at trial, and the issue of
damages remained to be fixed. Several physicians testified, as
did Reeves. On the witness stand, he said that an examining
physician had told him that he would be unable to work because
of a weakness in his right arm, a dead place on his arm,
stiffness in his neck, and nerve trouble in his back. Is the
admission of this testimony reversible error (i.e., the testimony
should not have been allowed)? In your analysis, be sure to
include legal reasoning as to why the testimony should or
should not be used.
3. Paris Hilton v.Lindsey Lohan
Paris Hilton, a resident of Beverly Hills, and Lindsey Lohan, a
fellow Californian, had an agreement. Lindsey agreed to give
Paris the right to party in the VIP lounges of any club in
California on Saturday nights. In exchange, Paris would give
Lindsey the same right, but on Friday nights. This way, the two
would not have to compete for the attention of the paparazzi.
Earlier this year, on a day when Lindsey was scheduled to
appear in court and possibly be sent to jail, Paris decided to
party in California on a Friday. She figured Lindsey could not
party due to her court troubles and probable incarceration.
Lindsey in fact went to the clubs on Friday, but many of the
photographers were already covering Paris and did not have the
time to take photos of Lindsey. Lindsey has filed a lawsuit
against Paris alleging breach of contract. She heard the kind
folks in Texas really liked her, so she filed her lawsuit there to
get a favorable jury. The sheriff, a huge fan, was nice enough to
drive out to California to deliver the summons and complaint to
Paris. Unfortunately, Paris was not home, so he placed it in the
mail box, and went on a tour of the stars’ homes. When Paris
found the lawsuit, she read it and ripped it into small pieces.
Paris has not responded to the lawsuit, and Lindsey has moved
for a default and default judgment. The judge doesn’t like Paris,
and thinks she is a spoiled brat, so he granted the default
judgment. He awarded Lindsey damages in the amount of
$100,000. Is he correct? If Paris hires an attorney to respond to
the lawsuit, what arguments should she make?

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POL 123 – Case Analysis Instructions Purpose The goal.docx

  • 1. POL 123 – Case Analysis Instructions Purpose The goals of this assignment are to provide a valuable skill and to assess your ability to comprehend and apply case law. Reading, briefing, and applying what you are reading in your textbook and learning in the modules are effective ways to become literate in the process of the U.S. legal system. Conducting an Analysis Before making and defending a decision, you must be familiar with the relevant law. For our purposes, your textbook and course material provide all the legal concepts needed to apply the law to a factual situation. Once you are familiar with the general content of the chapter, you should be able to recognize the issue involved in a case and find the legal concepts that will help you decide the case. For your reference, a sample analysis is provided at the end of this document. First, you will read the assigned fact patterns (provided via a link in the module). Then, you will complete an analysis for all fact patterns presented. Each analysis should contain the following: 1. The main issue. Identify and write (in your own words, at least 50% original) the central issue to be decided. As much as possible, set the issue in legal terms and
  • 2. concepts. 2. Relevant legal concepts quoted from textbook court opinions. Search the assigned chapter for legal concepts that will help you decide and justify your decision. Once you find the quotations you wish to use, copy them into the appropriate places in your analysis. 3. Relevant case law quoted from the textbook. 4. Rationale. Write (in your own words, at least 50% original) a complete explanation about how you used the legal concepts you cited to make a decision about how the case should be resolved. 5. Ruling. Describe (in your own words, at least 50% original) what should happen to the parties involved as a result of your decision. Submit your Case Analysis to the Dropbox no later than Sunday 11:59 PM EST/EDT of the assigned module. (The Dropbox baskets for these assignments are linked to Turnitin.) Grading Rubric Ratings: Exceptional corresponds to an A (90-100). Performance is outstanding; significantly above the usual expectations. Proficient corresponds to a grade of B- to B+ (80-89%). Skills are at the level of expectation. Basic corresponds to a C- to C+ (70-79%). Skills are acceptable but improvements are needed to meet expectations well. Novice corresponds to a D to D+ (60-69%). Performance is
  • 3. weak; the skills are not sufficiently demonstrated at this time. 0 This criterion is missing or not in evidence. Criteria Ratings 0 Novice Basic Proficient Exceptional Correctly framing the specific legal question to be decided 12-13 14-15 16-17 18-20 Identifying and quoting relevant material from the assigned chapter 12-13 14-15 16-17 18-20 Correctly applying the cited legal concepts to your decision 12-13 14-15 16-17 18-20 The insightfulness and organization of your rationale 12-13 14-15 16-17 18-20 Originality and writing quality 12-13 14-15 16-17 18-20 Total 100
  • 4. Academic Honesty This assignment should include your original work and be treated as a take-home examination. You may copy legal concepts and case law from the textbook into the “Relevant legal concepts” and “Relevant case law” sections, but the rest should be written “in your own words” (at least 50% original). The Dropboxes for all Case Analyses are linked to Turnitin, and each submission will be scanned for originality. Substantial overlap with the writing of other students constitutes academic dishonesty and will result in appropriate sanctions. Sample Analysis Using Headings Main Issue (your own words) Has the State of Kentucky violated procedural due process by depriving inmates of a protected liberty right to prison visitors with our a hearing to challenge a visitor who is banned? Relevant Legal Concepts From Text (quoted from textbook opinions) Procedural Due Process - 14th Amendment – Section 1. “...nor shall any state deprive any person of life, liberty, or property, without due process of law; ...” (pp. 28 & 671) Relevant Liberty Definition: “...a vast scope of personal rights. It also infers the absence of arbitrary and unreasonable government restraints. (p. 29) “The due process guarantee protects people from unfairness in the operation of both substantive and
  • 5. procedural law.” Procedural law prescribes the method used to enforce legal rights. It provides the machinery by which individuals can enforce their rights or obtain redress for the invasion of such rights.” (p. 29). Since procedural due process rights cost the government time and money: “Courts generally therefore generally try to balance accuracy against its cost on a case-by- case basis.” Relevant Case Law from Text (quoted from textbook) Connecticut Department of Public Safety v. John Doe “In cases such as Washington v. Constantineau (1971) and Goss v. Lopez (1975) we held that due process required the government to afford the plaintiff a hearing to prove or disprove a particular set of facts.” However, “...a convicted offender has already had a procedurally safeguarded opportunity to contest.” “Plaintiffs who assert a right to a hearing under the Due Process Clause must show that the facts they seek to establish in that hearing are relevant under the statutory scheme.” (p. 46) Rationale (your own words) Since the State of Kentucky had “...established regulations to guide prison officials in making visitation decisions,.” one could argue that an inmate’s liberty to have visitors has been recognized. It could be further argued that denial of a hearing to challenge the finding that a specific visitor could be barred is protected by due process. However, conducting court hearings requiring an adversary proceeding could be unduly burdensome of the state and the liberty of an inmate has been deprived initially in a procedurally safeguarded hearing. Depravation of the liberty of
  • 6. convicted inmates to have specific visitors is outweighed by the burden of conducting such hearings. Ruling (your own words) The State of Kentucky need not provide hearings for denial of inmate visitors. Sample Case Analysis in Essay Style The main issue in this case is whether the State of Kentucky violated procedural due process by depriving inmates of a protected liberty right to prison visitors, without a hearing to challenge a visitor who is banned. This is a due process case. Procedural Due Process is in the 14th Amendment – Section 1. “...nor shall any state deprive any person of life, liberty, or property, without due process of law...” (pp. 28 & 671). The relevant definitions here is the definition of liberty: “...a vast scope of personal rights. It also infers the absence of arbitrary and unreasonable government restraints. (p. 29) “The due process guarantee protects people from unfairness in the operation of both substantive and
  • 7. procedural law.” Procedural law prescribes the method used to enforce legal rights. It provides the machinery by which individuals can enforce their rights or obtain redress for the invasion of such rights.” (p.29) Since procedural due process rights cost the government time and money: “Courts generally therefore generally try to balance accuracy against its cost on a case-by-case basis. The Court examined this issue in Connecticut Department of Public Safety v. John Doe, stating “In cases such as Washington v. Constantineau (1971) and Goss v. Lopez (1975) we held that due process required the government to afford the plaintiff a hearing to prove or disprove a particular set of facts.” However, “...a convicted offender has already had a procedurally safeguarded opportunity to contest.” “Plaintiffs who assert a right to a hearing under the Due Process Clause must show that the facts they seek to establish in that hearing are relevant under the statutory scheme.” (p. 46) Since the State of Kentucky had “...established regulations to guide prison officials in making visitation decisions,” one could argue that an inmate’s liberty to have visitors has been recognized. It could be further argued that denial of a hearing to challenge the finding that a specific visitor could be barred is protected by due process. However, conducting court hearings requiring an adversary proceeding could be unduly burdensome of the state and the liberty of an inmate has been deprived initially in a procedurally safeguarded hearing. Deprivation of the liberty of convicted inmates to have specific visitors is outweighed by the burden of conducting such hearings.
  • 8. The court should rule in favor of the State of Kentucky. POL 123 – Case Analysis 2 Fact Patterns For each fact pattern, specify the essential legal issue(s) involved, describe the legal concepts from the text, decide which side should win, and explain your reasoning and how you used the legal concepts to arrive at your decision. See the Case Analysis Instructions for further information about completing this assignment. 1. Chris Rock v. Larry the Cable Guy Larry the Cable Guy and Chris Rock decided to go on a “laugh tour” together. They believed that with Larry’s redneck humor and Chris’ urban jokes, they could pack the venues with twice as many fans. They made millions of dollars. Soon thereafter, they split up as an act; however, Larry continued to use some of the material that was written by Chris. While they were a duo act, they had contractually agreed that if they ever broke up, they would not use each other’s material without payment. Larry has not paid Chris anything for the use of his comic material, so Chris is suing him in civil court for breach of contract and asking the court to award him $500,000 in unpaid fees for the use of his material. To notify Larry that he is a defendant in a breach of contract lawsuit, the court has twice attempted to serve a summons and complaint at Larry’s permanent residence. Because Larry frequently travels with his act, he was not found at home. The process server petitioned the court for alternative service and it was granted. Larry was thereby sent the complaint and summons by certified mail, and notification of the suit was also published for two weeks in the local newspaper. Larry knows he has been violating the contract with Chris, and that sooner-or-later he would be sued; therefore, he never accepts certified letters or reads the local paper.
  • 9. Needless to say, Larry never responded to the suit. After six months have elapsed, Chris motioned for a default judgment in his favor for $500,000 and court costs, and this motion was granted. Now Larry is appealing this default judgment because he was not properly notified of the suit against him. In your analysis, discuss whether you would you affirm or reverse the default judgment? 2. W.R. Reeves v. Central of Georgia Railway Company W.R. Reeves filed suit under the Federal Employers Liability Act against his employer, Central of Georgia Railway Company, seeking damages he allegedly suffered when the train on which he was working derailed near Griffin, Georgia. The liability of the defendant railroad was established at trial, and the issue of damages remained to be fixed. Several physicians testified, as did Reeves. On the witness stand, he said that an examining physician had told him that he would be unable to work because of a weakness in his right arm, a dead place on his arm, stiffness in his neck, and nerve trouble in his back. Is the admission of this testimony reversible error (i.e., the testimony should not have been allowed)? In your analysis, be sure to include legal reasoning as to why the testimony should or should not be used. 3. Paris Hilton v.Lindsey Lohan Paris Hilton, a resident of Beverly Hills, and Lindsey Lohan, a fellow Californian, had an agreement. Lindsey agreed to give Paris the right to party in the VIP lounges of any club in California on Saturday nights. In exchange, Paris would give Lindsey the same right, but on Friday nights. This way, the two would not have to compete for the attention of the paparazzi. Earlier this year, on a day when Lindsey was scheduled to appear in court and possibly be sent to jail, Paris decided to party in California on a Friday. She figured Lindsey could not party due to her court troubles and probable incarceration. Lindsey in fact went to the clubs on Friday, but many of the
  • 10. photographers were already covering Paris and did not have the time to take photos of Lindsey. Lindsey has filed a lawsuit against Paris alleging breach of contract. She heard the kind folks in Texas really liked her, so she filed her lawsuit there to get a favorable jury. The sheriff, a huge fan, was nice enough to drive out to California to deliver the summons and complaint to Paris. Unfortunately, Paris was not home, so he placed it in the mail box, and went on a tour of the stars’ homes. When Paris found the lawsuit, she read it and ripped it into small pieces. Paris has not responded to the lawsuit, and Lindsey has moved for a default and default judgment. The judge doesn’t like Paris, and thinks she is a spoiled brat, so he granted the default judgment. He awarded Lindsey damages in the amount of $100,000. Is he correct? If Paris hires an attorney to respond to the lawsuit, what arguments should she make?