CRM 321 Substantive Criminal Law Case Brief Format/Sample Case Brief Richard BRETON, Margaret Mary Breton, Plaintiffs, v. CENTRAL PACIFIC SUPPLY CORPORATION, Defendant. Hawaii Supreme Court (1986) Parties: [Parties to the case] Breton’s (Plaintiff) v. Central Pacific Supply Corporation (CPS) (Defendant) Facts: [Briefly state the relevant facts of the case that the court relied upon to reach their decision – normally 1-2 paragraphs] The Bretons are sought to cancel the Agreement of Sale of a leasehold interest and for damages. The Bretons alleged that CPS had breached the Agreement by defaulting on the payment due thereon and by vacating the premises. Prior Proceedings: [Briefly describe the circumstances that have occurred in the case to this point] This case was originally brought before the Land Court of the City and County of Honolulu, State of Hawaii. The land court, after the trial, found in favor of the Bretons against CPS. Thereafter, CPS filed a motion to set aside the findings of fact, conclusions of law and judgment, and to set the matter for a jury trial. The land court denied the motion. Issues Presented or Questions of Law: [What was the legal issue presented to the court?] Does the land court have jurisdiction over the subject matter? Arguments or Objectives of the Parties: [What were the arguments or objections presented to the court?] In answer to the Breton’s petition to cancel Agreement of Sale, one of CPS’s defenses was that the land court lacked jurisdiction over the subject matter. Therefore any judgment rendered is invalid. Holding/Rule of Law: [What was the legal rule(s) or principle(s) the court applied to the case?] “The land court is a court of limited jurisdiction, created for a special purpose, that of carrying into effect what is known as the Torrens title scheme, derives all of its power from the statutes relating to it, and can exercise no power not found within those statutes.” The Bretons’ petition and CPS’s counterclaim both are breach of contract actions over which the land court does not have jurisdiction. Saint Leo Core Values Displayed: [Discuss the Saint Leo Core Value(s) that were displayed or violated by the key players in this case] The law enforcement officers violated the Saint Leo Core Values of Integrity and Respect when they violated the rights of the suspect by using excessive physical force at the time of the arrest. Rationale: [Explain the court’s reasoning in deciding the case] “The lack of jurisdiction over the subject matter cannot be waived by the parties.” If the parties do not raise the issue, a court will, ...” Conclusion: [What was the final outcome/ruling in the case?] The judgment of the land court is void for lack of jurisdiction. The appeal is dismissed. Note from instructor: Most case briefs will be about 1-2 pages in length. For the purposes of your creating case briefs, this document .

1. CRM 321
Substantive Criminal Law
Case Brief Format/Sample Case Brief
Richard BRETON, Margaret Mary Breton, Plaintiffs,
v.
CENTRAL PACIFIC SUPPLY CORPORATION, Defendant.
Hawaii Supreme Court (1986)
Parties: [Parties to the case]
Breton’s (Plaintiff) v. Central Pacific Supply Corporation (CPS)
(Defendant)
Facts: [Briefly state the relevant facts of the case that the court
relied upon to reach their decision –
normally 1-2 paragraphs]
The Bretons are sought to cancel the Agreement of Sale of a
leasehold interest and for damages. The
Bretons alleged that CPS had breached the Agreement by
defaulting on the payment due thereon and

2. by vacating the premises.
Prior Proceedings: [Briefly describe the circumstances that have
occurred in the case to this point]
This case was originally brought before the Land Court of the
City and County of Honolulu, State of
Hawaii. The land court, after the trial, found in favor of the
Bretons against CPS. Thereafter, CPS filed a
motion to set aside the findings of fact, conclusions of law and
judgment, and to set the matter for a jury
trial. The land court denied the motion.
Issues Presented or Questions of Law: [What was the legal issue
presented to the court?]
Does the land court have jurisdiction over the subject matter?
Arguments or Objectives of the Parties: [What were the
arguments or objections presented to the
court?]
In answer to the Breton’s petition to cancel Agreement of Sale,
one of CPS’s defenses was that the land
court lacked jurisdiction over the subject matter. Therefore any
judgment rendered is invalid.

3. Holding/Rule of Law: [What was the legal rule(s) or
principle(s) the court applied to the case?]
“The land court is a court of limited jurisdiction, created for a
special purpose, that of carrying into effect
what is known as the Torrens title scheme, derives all of its
power from the statutes relating to it, and
can exercise no power not found within those statutes.” The
Bretons’ petition and CPS’s counterclaim
both are breach of contract actions over which the land court
does not have jurisdiction.
Saint Leo Core Values Displayed: [Discuss the Saint Leo Core
Value(s) that were displayed or violated
by the key players in this case] The law enforcement officers
violated the Saint Leo Core Values of
Integrity and Respect when they violated the rights of the
suspect by using excessive physical force at
the time of the arrest.
Rationale: [Explain the court’s reasoning in deciding the case]
“The lack of jurisdiction over the subject matter cannot be
waived by the parties.” If the parties do not
raise the issue, a court will, ...”

4. Conclusion: [What was the final outcome/ruling in the case?]
The judgment of the land court is void for lack of jurisdiction.
The appeal is dismissed.
Note from instructor:
Most case briefs will be about 1-2 pages in length. For the
purposes of your creating case briefs, this
document will guide you to what information you will need to
provide.
Assignment Completing a Qualitative Study
View Rubric
Due Date: Apr 19, 2017 23:59:59 Max Points: 255
Details:
This week will allow you to apply what you have been learning
along with the information gathered for your 10 Strategic
Points. You will use "mock" data to complete your study.
General Requirements:
1. Use "Assignments Document" and Mock Interviews to
complete this assignment.
2. This assignment uses a rubric. Please review the rubric prior
to beginning the assignment to become familiar with the
expectations for successful completion.

5. 3. Doctoral learners are required to use APA style for their
writing assignments. The APA Style Guide is located in the
Student Success Center.
4. You are not required to submit this assignment to Turnitin.
Directions:
1. Code the data.
2. Present the results in a table similar to Table 1 in Tables for
Assignment document.
3. Create a codebook in a table similar to Table 2 in Tables for
Assignment document.
Words or Phrases That Appear Frequently
4. Create a table for each theme similar to Table 3 in Tables for
Assignment document.
Inductively Developed Themes
5. Write a report of the results. Include an introduction,
discussion of your sample and instruments, data analysis,
results, recommendations, and references.
6. See complete directions in "Assignments Document."
College of Doctoral Studies
Background Information
Clark and Springer (2007) conducted a qualitative study to
examine the perceptions of faculty and students in a nursing
program on incivility. Their key research questions were:
· How do nursing students and nurse faculty contribute to
incivility in nursing education?
· What are some of the causes of incivility in nursing
education?
· What remedies might be effective in preventing or reducing
incivility?
They gathered responses from the Incivility in Nursing
Education Survey (INE), which included both Likert-scale and
open-ended questions from 36 nursing faculty and 168 nursing

6. students. Each of the researchers reviewed all comments and
organized them by themes.
For this PSY-850 class, you will design a “mock” replication of
the Clark and Springer (2007) study on student and faculty
perceptions of incivility in a university nursing program.
However, the doctoral students will investigate student and
faculty perceptions in undergraduate psychology classes in one
university located in the northern United States.
You will use the Incivility in Higher Education (IHE) survey,
developed by Clark (2007; 2011) for the purposes of this study.
Questions on the survey measure faculty and student
perceptions of uncivil actions (disruptive and threatening), how
often those behaviors occur and strategies for improving civil
behaviors in university settings. The IHE was adapted from the
INE, with minor rewording, is similar in structure to the survey
used by Clark and Springer, but is appropriate for any academic
discipline within higher education (Wagner, 2014).
The IHE has three parts. Part 1 collects demographic
information, such as major, gender, age, and years of teaching
experience for faculty. Part 2 asks individuals to rank 16
different behaviors exhibited by students that both students and
faculty may perceive as disruptive. Part 3 focuses on 20 faculty
behaviors that may be perceived as disruptive. Both parts 2 and
3 also investigate how often the faculty has experienced the
behavior in the past 12 months (often to never on Likert scale),
and if the faculty members have experienced any of the 13
threatening behaviors (yes or no) by students or other faculty
respectively. Five open-ended questions give the faculty
member the opportunity to add contributing factors related to
student and faculty incivility, and how students or faculty in
particular contribute to incivility. A final question asked if the
faculty member would like to add comments. The survey is
designed in a manner that allows for gathering data from faculty
and students or from only faculty or only students (C. Clark,
personal communication, 2013 as cited in Wagner, 2014).

7. Week 2 Assignment: (Read the following article and construct a
10 key points document.)
GCU doctoral learners use the 10 Key Strategic Points
document to outline the key components of a research study.
For the Week 2 assignment, you will use the original Clark and
Springer (2007) to identify and construct a 10 key points
document in preparation for the mock study on incivility in
psychology classes.
Steps:
1. ReadClark, C. M., & Springer, P. J. (2007). Thoughts on
incivility: Student and faculty perceptions of uncivil behavior.
Nursing Education Perspectives, 28(2), 93-97. Retrieved from
https://lopes.idm.oclc.org/login?url=http://search.ebscohost.com
/login.aspx?direct=true&db=a9h&AN=24776207&site=ehost-
live&scope=site
2. As you read, highlight information that relates to the 10 key
points, such as the purpose, problem, sample, research question,
etc.
3. After reading and highlighting the components of the article,
complete the 10 key points table based on the Clark and
Springer (2007) study in nursing education.
Ten Strategic Points
Comments or Feedback
Broad Topic Area
Lit Review
Problem Statement
“This study was conducted using quantitative and qualitative
methodologies to investigate the problem of incivility in
nursing education in a university environment from both student

8. and faculty perspectives” (Clark and Springer, 2007, p. 94).
Rewrite this in “GCU” format.
Research Questions
Sample
Sample: identify the sample from the Clark and Springer study.
Describe Phenomena (Qualitative)
Methodology and Design
Purpose Statement
“Its purpose was to consider possible causes of incivility and to
recommend potential remedies” (Clark and Springer, 2007,
p.94).
Rewrite this purpose statement based on “GCU” format.
Data Collection Instruments and Approach
Describe instruments used for the Clark and Springer study.
Describe the data collection approach used in the Clark and
Springer study along with informed consent procedures.
Data Analysis Approach
Discuss the data analysis approach used in the Clark and
Springer study.
Week 5 Assignment: In Week 2, you constructed a 10 key points

9. document based on the Clark and Springer (2007) study
conducted on incivility in nursing education. In preparation for
the mock replication study to be completed by participants in
undergraduate psychology classes, you now must construct a 10
key points document for your own study. This must meet GCU
criteria in terms of problem, purpose, and research question
format. This would be a descriptive case study at GCU.
Steps:
· Review the 10 key points constructed in Week 2 and the Clark
and Springer (2007) study. Additionally, review the feedback
provided by the instructor.
· Use the following template to develop 10 key points for your
replication study in an undergraduate psychology program. Be
sure to use resources in the DC network>Research/Dissertation
tab> Prospectus templates to review the criteria for the purpose,
problem, research questions and other key points.
· Use the prompts and suggestions contained in the template to
guide your work.
Ten Strategic Points
Comments or Feedback
Broad Topic Area
Incivility in psychology undergraduate education programs
Lit Review
Include citations from studies on incivility in psychology
education
Problem Statement
Write a problem for the psychology study, in the GCU required
format.
Research Questions
Now frame questions for the study you will design for a target
population of undergraduate psychology programs.

10. Sample
Describe the sampling strategy you could use for a like study in
an undergraduate psychology program. Define and justify the
sampling strategy from a research source. Justify the sample
size for a qualitative study from a research source and from the
GCU Core Design Document.
Describe the Phenomenon
Methodology and Design
Describe the method and design you would use and justify your
choice of both from a research source.
Purpose Statement
Develop a purpose statement for a psychology undergraduate
program in the required GCU format.
Data Collection Instruments and Approach
Describe the IHE instrument to be used in this study.
Describe the data collection approach you would use, including
getting informed consent and how you would protect the
confidentiality of participants.
Data Analysis Approach
Discuss a specific data analysis strategy you would use in your
replication study in an undergraduate psychology program. Cite
a specific researcher’s strategy such as Hatch, Miles and
Huberman, Bogden and Biklin, or Saldana.
Week 7 Assignment
You will analyze four transcribed interviews by inductively
coding the data and developing themes. This will be a miniature
version of what coding a large study would be like.
Directions

11. Perform the following tasks to conduct the analysis:
· Code the data: To analyze the data, you must first identify
categories or themes that appear in the data. To accomplish this,
do the following:
· Read the transcript of each participant’s responses and
identify words that strike you as important. Mark the words in
some fashion (highlight, circle, bold, underline).
· When you recognize words or phrases that appear frequently,
make note of them. That is, circle or highlight them in the text.
· After reading all participants’ responses, review the
words/phrases you marked or wrote down and identify a short
list of useful codes. See Table 1 below.
· Collapse these codes into four or five categories or themes and
name them. See Table 1, column 2, below.
· List the categories or themes and substantiate them with
quotations from the online focus group participant transcripts.
See Tables 2 and 3, below. You could put all of these in one
table, or you could use a table for each theme, and provide
several examples of quotes in the right-hand column for that
theme.
· Present your results in a table (below) formatted according to
the APA guidelines found in the “APA Style Guide,” located in
the Student Success Center.
· Identify your coding process in an appendix (an example is
included in the Appendix below).
Task 1: Code the transcript as described above, and color code
the transcript using a color for each key code. Do this in Word.
Task 2: Create a codebook.
Code
Definition of the Code
Example From Transcript

12. Task 3: Create a table of words or phrases that appear
frequently. Display as shown in Table 1.
Table 1
Words or Phrases that Appear Frequently
Word or Phrase
Notes on the Words/Phrases
Notes on Emerging Themes
Write down the word(s) or phrase(s) here.
For example, do they appear in a transcript of one particular
interview, or do they show up in several interviews? If they
show up in several, there is a pattern that cross-cuts individuals.
You might want to state
Name of participant/page number of transcript (if that seems to
make sense).
As you review the list of words/phrases in column 1, and see
some patterns, you can name the patterns. Collapse the
repeating words/phrases into 4-5 (or whatever seems relevant)
themes.
Write down the words or phrases here.
Keep writing down many words/phrases that appear frequently,
until you have written them all down.
Task 4: Based on Table 1 and your coded transcript, create a
table based on Tables 2 and 3. Create a table for each theme.
Table 2

13. Inductively Developed Themes
Theme
Examples of Quotes From the Transcripts
Put the name of the theme here.
Put a quote here that represents the theme
Place additional examples of quotes for this theme in each cell
in this table.
Table 3
Inductively Developed Themes
Theme
Sample Responses
Name another theme.
Provide a quote that exemplifies this theme.
Provide another quote here.

14. Note: You would put notes here if needed. See pages 130-131 of
your APA manual.
Write-up the Results
A research report is not complete without a written summary of
the research findings. To complete the research report, follow
the instructions below and include the components outlined.
Include the table and the chart you have created to show the
data graphically/visually.
Introduction
Discuss the background information and the fact that this study
was modeled after a study conducted by Clark and Springer in
2007. Discuss the data Clark and Springer collected and their
results. Then discuss how your “mock or replication” study
conducted in an undergraduate psychology program will add to
these results.
Sample -- discuss who participated in your study.
Instruments...describe the structure and purpose of instrument
you used: the IHE (the interview transcript).
Data Analysis
Discuss your own initial analysis and the codes that you came
up with. Collapse these codes into three to four themes as Clark
and Springer did. However, this must be based on the “mock”
data you collected (and we presented in a separate document).
Results
Write a summary of the themes that you identified when
analyzing the faculty comments about in-class disruptions.
Include the table and the chart you have created to show the
data graphically/visually.
Recommendations
Compare your results to those of Clark and Springer (2007):
Clark and Springer (2007) conducted a qualitative study to
examine the perceptions of faculty and students in a nursing
program on incivility. Clark and Springer used the Incivility in
Nursing Education survey along with open-ended questions to

15. collect data from 36 nursing faculty and 168 nursing students.
Each of the researchers reviewed all comments and organized
them by themes. Clark and Springer noted four major themes of
responses:
· Faculty perceptions of in-class disruption and incivility by
students
· Faculty perceptions of out-of-class disruption and incivility by
students
· Student perceptions of uncivil behaviors by faculty
· Faculty and student perceptions of possible causes of
incivility in nursing education
A total of eight codes were identified among the faculty
comments on types of in-class disruptions. These were the
following:
· Disrupting others by talking in class
· Making negative remarks/disrespectful comments toward
faculty
· Leaving early or arriving late
· Using cell phones
· Sleeping/not paying attention
· Bringing children to class
· Wearing immodest attire
· Coming to class unprepared
Based on your findings, discuss some strategies that these
faculty members can use to reduce the incidences of
disrespectful behaviors. Cite the recommendations from peer-
reviewed sources.
Discuss how you would also use the data analysis strategy listed
in your 10 key points to code and theme the open-ended
comments from faculty.
Discuss the benefits and limitations of using SPSS and
frequency counts in qualitative data analysis, along with why
additional analysis is required.
References
Include a reference list of the sources used.
Bernard, H. R. and Ryan, G. W. (2010). Analyzing qualitative

16. data. New York, NY: Sage Publications.
Clark, C. M., & Springer, P. J. (2007). Thoughts on incivility:
Student and faculty perceptions of uncivil behavior. Nursing
Education Perspectives, 28(2), 93-97. Retrieved from
https://lopes.idm.oclc.org/login?url=http://search.ebscohost.com
/login.aspx?direct=true&db=a9h&AN=24776207&site=ehost-
live&scope=site
Grand Canyon University. (2013). Template for coding and
summary tables.
Groenewald, T. (2004). A phenomenological research design
illustrated. International Journal of Qualitative Methods, 3(1),
15-16
Hatch, J. A. (2002). Doing qualitative research in education
settings. Albany, NY: SUNY Press.
Moustakas, C. (1994). Phenomenological research methods.
New York, NY: Sage Publications.
Yin, R. (2014). Case study research design and methods. New
York, NY: Sage Publications.
© 2016. Grand Canyon University. All Rights Reserved.
© 2016. Grand Canyon University. All Rights Reserved.