Case Analysis: Rule of Law, Issues, and Decision

Task:

You are to succinctly but thoroughly examine this case. The case is to be your analysis and not a canned analysis borrowed from a legal website or book.With case analysis, accuracy of information is most pertinent. Therefore, you should make sure you have correct information for grading purposes especially regarding the rule of law, issues of the case, and the conclusion or holding. There are many case write-ups in your textbook which should give you a feel for case analysis. However, your paper is to follow the format below: The paper is to be well written and follow APA guidelines where appropriate. While I do not expect you to be lawyers, I do expect documents with correct grammar and absent typos or spelling errors. Case analysis is a process that is done in undergraduate, graduate, and law school classes.

Please follow the writing rubric for writing guidance as well. The paper is to be 5 to 6 pages which does not include the cover page or references. I am looking for quality over quantity.Additionally, with case analysis conciseness rather than writing everything you know on a subject is necessary. The paper is to be double spaced, 12 font, and Times New Roman typeface. I will down grade you if the paper is less than four pages.

You will make a presentation to the class. Your presentation is to include PowerPoint slides and include a Question and Answer period for your classmates.

Subject: Name of the case, the court of jurisdiction, the justice writing the opinion and the court the case was appealed from. Additionally, the case citation which describes the identity of the parties in the case, the text in which the case can be found, and the year in which the case was decided should be included.

Facts: What is the major set of facts of the case?

Statement of the Issue(s): The court opinion has been written to address a certain issue(s) raised by one of the parties to the litigation. What are the issue(s) addressed by this opinion?

Rule of Law: The resolution of the case involves a rule(s) of law. What is it?

Application: In order for the court to decide the case it must apply the facts of the case to rule(s) involved. Discuss the application of the facts in this case to the rule(s). What arguments are presented by opposing parties to the case? On what legal principle(s) does the case turn?

Conclusion: How the case is decided is sometimes called the holding of the case i.e. what is (are) the decision(s) rendered by the court in this decision? State the court’s ruling which is based on the facts, issues, and applicable laws.

Other Opinions: In some cases, one or more of the judges not writing the majority opinion will write what is called a concurring opinion. It is an opinion in which the judge agrees with the majority opinion but raises a different reason for his decision. There also may be a dissenting opinion. It is written by a judge(s) who does not agree with the majority opinion. Are there concurring and/or dissenting opinions in the case? Who wrote them and what was the basis for them concurring or dissenting?

Final Thoughts: Do you agree or disagree with the decision? Why or Why not? Additionally, do you see any implications for healthcare administration? (e.g. business, operational, clinical, etc.). I added this section to traditional case analysis to give students the opportunity to give your own opinion and more importantly determine the relevance of the decision to the administration of healthcare rather than the legal system.