INTRODUCTION TO PARALEGAL STUDIES
ASSIGNMENT: Case Analysis45 POINTS
THIS ASSIGNMENT REQUIRES NO OUTSIDE RESEARCH ON YOUR PART, JUST A CAREFUL READING OF THIS CASE.THIS IS A TORT CASE BASED IN NEGLIGENCE.THEREFORE, A CONSIDERATION OF THE ELEMENTS OF NEGLIGENCE WILL BE CRITICAL TO SUCCESS IN THIS ANALYSIS.
Brief the Weirum vs. RKO case using the following format. Phrase in your own words:
PROCEDURAL HISTORY: (3 points)
Give a brief but complete procedural history of the case from trial court to present. This is not what happened on the streets of
but in the courts.
FACTS: (4 points)
Summarize the following facts of the case in one or two good paragraphs (a fact that makes no difference is NOT a moving fact). These facts will be used in your Analysis.
ISSUE: (7 points)
What is the legal question(s) at the trial court level? Frame the issue(s) as a yes or no question.
RULE OF LAW: (6 points)
State the rule(s) of law that the trial court applied. (This requires no research on your part, just a careful reading of the case.)This will not be a case name or a statute but a rule put forth by the court hearing this case.It will be a couple of sentences and can be quoted directly from the case.Be sure and use the proper punctuation when using a direct quote.
ANALYSIS: (12 points)
How did the trial court apply the rule of law to the facts of this case? Answer the question posed under “Issue”.How did the appellate court decide on the trial court’s action? Be sure to use the facts and your rule(s) of law. Frame your answer in the context of the issue. This section carries the most points so work on it please.
CONCLUSION: (1 point)
What was the outcome of the appeal? Your conclusion need only be one or two words – for example:
Judgment reserved/on what basis?
SPELLING AND GRAMMAR: (9 points)
INSTRUCTIONS FOLLOWED: (1 point)
TIME SHEET: (1 point)
EXTRA CREDIT ( 10 points)THIS IS NOT ABOUT TORT BUT PROCEDURE.
The format of this will be the same as above although the facts might need expanded as there are some different ones for this issue.
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