Case Comment #1 (Keuhn) is about negligence.Therefore make certain that you know thelegal elements of negligence, and be able to recite them so that you can hold the other party responsible for them if you are in court. That is key to proving your claim.

Element #1 = Defendant owed Plaintiff a Duty of Care

Element #2 = Defendant Breached that Duty of Care

Element #3 = Plaintiff was harmed or injured

Element #4 = Plaintiff's injuries were proximately caused by Defendant's breach of care

Element #5 = Damages are awarded to compensate Plaintiff's injury

Negligence is aTORT, and therefore covered in Chapter 6 of your text. The basic idea in torts is that I have been hurt, therefore I am suing you to recover or compensate what I wasdamaged. We say in essence that plaintiff will sue "to make me whole once again";i.e.had I not been hurt, I would have not had doctor bills, been off from work, had to fix my body or property, etc. Look upTortsand see what you can findonlineand research the idea. You will probably notice that "Tort Reform" is often a hot topic, and so read what it entails as well.Then as we work through various tort cases in this class, you can formulate an analysis telling me did the court get it right in each instance.

The first Case Comment which is due on Friday,Keuhn, in depth which gets us into Part II of your text. I want you to take the time to download the case, and read it several times. Cases begin with the "parties", list the court in which it was heard, and then have a paragraph synopsis of the Court's ruling. Then cases have what is called "Key Notes" for lawyers on the points of law.SKIP THESE.The real discussion of the story, we call facts, begins at the bottom of page 4 with"The Opinion of the Court was delivered by Judge A.D. Payne".Court opinions take a while to get used to reading, so take your time with it.

This case requires that you know thelegal elements of negligence, and be able to recite them so that you can hold the other party responsible for them if you are in court. That is key to proving your claim. Negligence is aTORT, and therefore covered in Chapter 6 of your text. The basic idea in torts is that I have been hurt, therefore I am suing you to recover or compensate what I wasdamaged. We say in essence that plaintiff will sue "to make me whole once again";i.e.had I not been hurt, I would have not had doctor bills, been off from work, had to fix my body or property, etc. Look upTortsand see what you can findonlineand research the idea. You will probably notice that "Tort Reform" is often a hot topic, and so read what it entails as well.Then as we work through various tort cases in this class, you can formulate an analysis telling me did the court get it right in each instance.Furthermore, look up the term"Cause of Action",because just because we feel we have been wronged does not mean the event was illegal or that you have a right to sue. Find the legal basis for negligence, and what limitations are on torts in the American law system.

When writing a case comment it may be helpful to think of writing through a Geometric Proof. We solve "Proofs" by Step 1, Step 2, Step 3 and Step 4. In that regard, you have5 elements to Negligenceand you will walk me through your facts that align with these elements step-by-step just like a Geometric Proof. Keep your wits about you. You have this! Good Luck!

Casesbegin with the "parties", list the court in which it was heard, and then have a paragraph synopsis of the Court's ruling. Then cases have what is called "Key Notes" for lawyers on the points of law.SKIP THESE.The real discussion of the story, we call facts, begins at the bottom of page 4 with"The Opinion of the Court was delivered by Judge A.D. Payne".Court opinions take a while to get used to reading, so take your time with it.

The 2 key areas to remember as you work through the assignments are

1) As a manager/owner I want to get paid for what I do (product or service)

2) what do I do so that I do not get sued.

Getting paid rests on CONTRACT theory.Being sued is very expensive to defend and businesses spend a good deal of their earnings in this way to their detriment when the monies are better spent reinvested into the business. The basis of being sued goes to TORT theory, and then any additional laws our legislature has put in place to protect people, property and interests. In business law we would call this "reducing our risk" or perhaps "mitigating our risk".

BUSI 2301

Case Comment #1

DIRECTIONS:

You are to write a 1-2 page analysis of the following case. The paper should be typed, and at least 12 point font. Thoroughly discuss the premise of the case, the procedure as to what happened, and the facts involved. Make correlations between what you've learned in the class and relate it to specific legal theories. Demonstrate these by walking through the elements needed to prove the particular Cause of Action. Rules for correct grammar, syntax, spelling, capitalization, and punctuation must be observed.Papers must be the sole work of the student.Give yourself a break as reading law cases is new & different than other types of content. You may need to read the case 3 times to get used to this type of writing.Work should be submitted in MS Word, and name your file in this manner: Your 1^stInitial, Last Name-Case# Plaintiff Name. Ex.:JSheetz_Case1_Kuehn.

If you need assistance with your writing, you may refer to North Lake College's Writing Center.Located in Room A309, the Writing Center is open 8:00 AM to 8:00 PM Monday through Thursday and 8:00 AM to 2:00 PM on Friday.Saturday hours are 9:00 AM to 1:00 PM.Students can alsocall 972-273-3089, or e..r@dcccd.edu.Finally, another resource for students is toThe Elements of Style, by Strunk & White.

Points to consider in your analysis

The general facts (explain briefly why the parties are in dispute)?

How does the case relate to the reading material (specific pages and chapters, which topic and how)?

What was the legal decision of the court (the case specifically states the outcomes of the case and why the party prevailed)?

What are the business implications of the legal decision (how does this impact business in general)?

As a business leader, what is your belief based on the judgment of the court and the business impact (support your view of the case outcome with facts and how would you implement the principals in your business operations)?

What are the business ethical/social responsibility implications? (as addressed in Chapter 3)

Once you have identified the legal issues and the business issues, go online and research other examples, the laws of the USA that you find, and other cases you can find on related topics.

A bibliography for your analysis must be included at the end of your paper.