Young V United Parcel Service Essay

Young V United Parcel Service Essay

Instructions/Descriptions

Young V United Parcel Service Essay

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Assignment instructions: CASE BRIEFS from LEGALENVIRONMENT Textbook

Description on how to brief and analyze cases can be found in the “Issues to Consider…” section.

* SYNOPSES from the GUIDE… book

textbook reading: 1) Jeffrey Beatty and Susan Samuelson Legal Environment, 5th Edition (South-Western; Cernage Learning)

2) Constance Bagley and Craig Dauchy The Entrepreneur’s Guide to Business Law, 4th Edition (in paperback—South-Western; Cernage Learning)

3) Sean P. Melvin Cyberlaw and E-Commerce Regulation {Please note: My suggestion is that you purchase this book in its soft cover version or used or as e-book as the hard cover is fairly expensive}

BRIEFING A CASE — in 4 (or 5) Steps:

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1—RELEVANT FACTS:

In a few sentences identify and summarize the key facts of the case. Remember that some facts may be just inserted in the narrative to provide context, so your objective is to recount the essence of the case as succinctly as possible.

2–ISSUE(S):

The issue is what we are arguing about in this case. This can be in the form of a question as for example “is the driver liable for striking the pedestrian?” or alternatively, “the issue is whether the diver is liable for striking the pedestrian. Typically there is one issue in contention per case. However on some occasions there can be two, or more rarely, even more.

3—HOLDING:

The Holding is the legal verbiage for “Judgment, Ruling, or Decision”. Basically the Holding answers the Issue (s) and therefore it could as simple as yes or no, with a very brief addendum.

4—REASONING:

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The Reasoning brings it all together in terms of explaining how the law, the facts and the issue come together to yield the outcome that it did, namely how was the Holding derived. This section should also be relatively brief, albeit quite comprehensive. Therefore a few lines will generally suffice.

5—DISSENTING OPINION:

Since I strongly recommend that all the cases that you brief must be at the U.S. Appellate level (also known as the U.S. Court of Appeals), but much more preferably the United States Supreme Court, the Holdings are generally split between the majority opinion (i.e. that is the resulting holding and therefore how the case was adjudicated) and the minority opinion (i.e. this is formed by 4 or fewer of the 9 U,S. Supreme Court Justices). In order to provide a fuller understanding of the case and its outcome, a few lines on the dissenting opinion can be quite valuable.

Young V United Parcel Service Essay

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