Legal Case Analysis
Exhibit 3-1 (Stages in a Typical Lawsuit) should be your template for this assignment. In sum, you will give a report (case analysis) on the case that you are researching by using the stages describe in Exhibit 3-1.
More than likely, you will not find information on each stage. However, your case analysis should have the stages that are described below.
Each stage should have at least two paragraphs. In the first paragraph, you should describe what should generally be expected to occur at that particular stage. The second paragraph should describe what happen in your case at that stage in the lawsuit.
In Stage One, â€œCase Factsâ€, give a brief Statement of Fact describing what your case is about. A reader should be able to get a general idea as to what the case is about. This description can be one or two paragraphs.
Stage Two, â€œConsult with Attorneyâ€, describe the type of attorney that was sought and what type of fee the attorney would charge in your type of case. If you canâ€™t find this during your research, describe the type of fee that is generally charged in the type of case you are analyzing.
In Stage Three, â€œInformal Investigationâ€, please describe any informal investigation that may have occurred. If you cannot find this during your research, as a business owner or manager, describe what type of informal investigation you would have conducted. This could include finding the contract, accumulating emails, or interviewing employees.
In Stage Four, â€œPlaintiffâ€™s Complaintâ€, describe the Complaint that the plaintiff filed with the court. You should name the theory of law the plaintiff is using and how the plaintiff is using the theory. You should also state what relief the plaintiff is seeking.
In Stage Five, â€œDefendantâ€™s Answerâ€, describe the defendantâ€™s response to what the plaintiff’s complaint. In other words, describe the defendantâ€™s defense to the plaintiffâ€™s complaint. This could a disagreement as to one of the elements that need to be proven by the plaintiff by a preponderance of the evidence or an absolute defense.
In Stage Six, â€œDiscoveryâ€, describe what Discovery took place. If you cannot find this during your research, describe what discovery may have taken place (i.e., depositions, interrogatories, etc). You should describe the discovery techniques and how it would have been used.
Stage Seven, “Motions”, should describe any motions filed by either party. If more than one motion was filed, please limit your analysis to what you believe was the most important motion. It should state the purpose of that motion and how that motion affected the case.
Stage Eight, â€œTrial or Settlementâ€, should describe the trial or settlement agreement. If a trial was held, describe whether it was a bench or jury. Please state what was the ultimate judgement and the dollar or relief that was awarded, if any. If there was a settlement, state the settlement and why the parties settled.
Finally, your case analysis should have a conclusion. In the conclusion, state how this could or did impact â€œFuture Business Decisionsâ€ by your company.