CRIM JUST 3002-1 WEEK 6 DISCUSIION

Case Brief and Analysis

The term “case law”
refers to the decisions of courts in certain cases that create new
interpretations of the law. These interpretations establish case law
“precedents” that become part of case law and may then be cited as a
part of the argumentation in later cases. Ultimately, cases may gain or lose
precedential influence, depending on subsequent judicial findings. For example,
the Roe v. Wade case undeniably has
the force of law behind it, as it is almost impossible for any legal debate on
abortion to take place outside its influence. The Roev. Wade case also has had a long progeny even though some
justices suggest that it was incorrectly decided and should not have the force
of law. In this Discussion, you analyze a case of your choice and reflect on
whether you agree or disagree with its resolution and outcomes.

To prepare for this
Discussion:
·
Review the article, “A
Guide to Legal Case Briefs.” Focus on the essential components of the brief
technique. Pay attention to the full schematic for how to approach a case.
·
Select a case on the Supreme Court “Opinions” Web page.
·
Think about the legal issue in the case you selected and how the
court resolved the issue.
·
Consider the process by which the case was resolved and the outcomes
of the case.
·
Consider how you would brief the case into its constituent parts:
the facts, the legal issues in need of resolution, the court’s decision or holding, the legal
rationale, and questions or issues that are not yet resolved.
·
Based on what you have learned through the course, reflect on
whether you agree with the process by which the case was resolved and the
outcomes of the case.
Post by Day 3 an analysis of the case you selected. In your analysis, be sure
to include a brief summary of the
facts; the legal issues in need of resolution; the court’s decision or holding;
the legal rationale; and unresolved questions or issues. Then explain whether
you agree with the process by which the case was resolved and the outcomes of
the case. Be specific.

Be sure to support your postings and responses with specific
references to the LearningResources.

Litigation Trends

One of the strongest
skills a litigator, judge, or other legal professional may hold is the power to
anticipate in which direction the law is headed. Case law is not a fixed
discipline, but rather, case law is subject to evolving social, political, and
economic conditions. Case law is adaptive and flexible enough to adjust when
corrections are needed. Consider early slavery cases. For nearly 70 years, case
law remained stubbornly fixed on supporting slavery, but despite this firmness,
subsequent cases finally adjusted to societal pressures and outlawed slavery.
Now, consider the cases heard today. Who would have anticipated a hundred years
ago the concept of electronic commerce litigation or cases of discrimination
based on sexual orientation or same-sex marriage? But today, these types of
cases are commonplace.

Anticipating where litigation is going can be described as a sort of “
preventive medicine.” For example, if you predict that there will be an
increase in medical malpractice cases, you may be able to thwart future claims
and prevent unnecessary economic hardship to the healthcare industry and the
insured.

To prepare for this Discussion:
·
Peruse the feature
stories on the “The Future of Litigation” website. Pay attention to the types
of cases that are predictable and likely in the near future.
·
Based on what you have
learned about the history of the courts and the legal process, think about
thetypes of cases and legal claims that will be common in the next century.
Post by Day 4your projection (complete with rationale) of the types of cases
and legal claims you think will be common in the next century, using the
current history of the courts and the legal process as a launching point.