Module 4 Case Analysis - 100 points

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12 replies.

Select a case fromONEof these chapters -

Chapter 09 - Torts and Privacy Protection- Cases on pages 255-256

Chapter 10 - Product Liability - Cases on pages 285-287

The instructions for meeting the requirements for this assignment are found in the Syllabus, under the heading for "Case Analysis"

REPLY to this case thread to begin your Case Analysis with a reservation of the case you selected.(Again - read the Syllabus!!)

Reservation for[Smith v. Ron's Guns, Inc., 2013 WL 453060 (Conn. Super. Ct. Jan. 8, 2013).]

10.8 Jeffrey Feaster bought a gun from Ron's Guns, Inc. Feaster was knowledgeable about firearms and planned to shoot the gun for recreation one day. He drove to a friend's house, where he loaded the gun and lowered the hammer from the half-cock safety position into the "down" position, allowing the gun to be fired. (When the gun is in the half-cock position, it cannot be fired without pulling the trigger.) Feaster then put the gun in the pocket of his jeans. Feaster ultimately decided not to shoot the gun that day. He drove home, took off his jeans, which still had the loaded gun in the pocket, and went to bed. The next morning, his girlfriend, Marian Smith, picked up the jeans. After realizing they were dirty, she threw them on the floor. The gun then went off, striking Smith in her legs.Smith sued Ron's Guns, Inc., asserting that the gun was defective under the Connecticut Products Liability Statute. The statute imposes liability when the product is "unreasonably dangerous" to the ordinary buyer "with the ordinary knowledge common to the community as to its characteristics" (an objective standard). Using this consumer expectation test, what factors would the court consider when deciding whether the gun was unreasonably dangerous? Liability may also be imposed if the product did not include adequate warning of its unreasonably dangerous propensities. Would a failure to warn that the gun can fire when the half-cock safety is off constitute a defect, or is this an "open and obvious danger" that eliminates the need for a warning? [Smith v. Ron's Guns, Inc., 2013 WL 453060 (Conn. Super. Ct. Jan. 8, 2013).]

The process of posting your reply is simple.First, you open CANVAS.Then, go to the appropriate Module - 1 through 8.In the correct module, you select "Case Analysis" and click again.

When you've identified the case you want to report on, the first thing to do is look on the Module's thread for "Module 2 Case Analysis" (for Week 2 of the course).If the case you select is not already selected by another student, you should post a "reservation" for that case.To do that, you REPLY to the "Module 2 Case Analysis" thread, and in the subject line, type the case Name, (e.g., "Jones v Smith", the Chapter, and the Page Number in the subject line where other students can find that case you selected.

When you do that, you have reserved the case, and you have posted notice of your reservation in the subject line.By putting your case name and number in the subject line, other students won't have to open your message to see which one you reserved (saves everyone needless work), and the students know not to do the case because you've already reserved it first.

When you've read the case you selected, and you are ready to post your case analysis, you simply click on your own 'reservation message', REPLY to it, and start typing in the message box just below your case reservation message.This is your reply area.Remember that we don't seek personal opinions, because that doesn't add value to the law.Think of it this way: When you drive up to a stop sign, no one cares whether you agree that this stop sign should be here, right?The only thing that counts is that you know what the law requires, and that you comply. Otherwise, you could get T-boned and get a traffic ticket too.

Be sure to identify in your analysis the text page(s) that you rely on as reference to decide the case.For this reason, what helps us learn is to consider what you've read in the text that relates to the subject and focus your reply accordingly.In other words, what does the law say about the legal question that is presented - not how do you feel about it.That linkage between the text reference, good logic, and the question is what we're looking for.Please don't start out with "I agree..." and if you see someone else do it, please remind them of the stop sign example - it doesn't matter if we agree. I will expect every case analysis to include specific page references to the text.You don't have to have a full APA text reference - just "text, page 242" or something like that is fine. But have the reference... I do NOT need to know the full bibliography reference - I know the text publisher, etc. I just want the page number. AND - remember that the case narrative information itself is not a reference - only the text within the chapter before the questions serves as reference.

You should use the following outline to analyze the case.You can earn up to 100 points on each of the first 2 case analysis assignments, in Modules 2 and 4.To do this, you must ...

1.Post your EOC case analysis, in the required format, on the EOC thread, by no later than Saturday night.The purpose of the EOC case analysis is to apply what you are reading and see how you'd decide a case based on what you've read in the text. It is NOT to google the case and tell me what happened.I already know what happened in each case. I want to know how you analyze, not how you google.

2.FACTS SUMMARY - Just include the relevant and material facts. You don't want to simply copy what the question you selected says about the case, and you don't want to research it to get more facts.Part of your analysis can be to point out that you would need to know something more to answer a possible issue in your analysis.

3.ANALYSIS - Do not simply look up the case online (that may be possible on some). That's not the goal and if this is what you do, you'll not earn points.I'm NOT interested in your report on what happened in the case.I AM interested in what you believe the legal issue is, and how it will be resolved by a court, not how well you can "google".(I already know about the case - I've read it and I've been a lawyer for nearly 40 years).Remember that you are to identify what legal principle applies in this case, and where you can find that principle in the text (page, etc.) and how the case would be resolved by a court based on your analysis applying the principle(s) to the facts of the case.In other words, which side would win, and why?

4.APPLICATION - This is particularly important.In reading the case you selected, and after you have thought about it and applied the legal principles in the text that tell you how you think the case will be decided - who will win - you have some more required elements that fit in the Application Section.One element is to explain how you can use what you've learned in this case analysis in your future work and personal life.Again, not a word about the case itself.That's over now.Just how will you use what you've learned in this case? The other element is to describe, in considerable detail, how you, as the manager involved in this situation would act to minimize the likelihood that this type of legal problem will arise again.Whether your organization is the "guilty" party or the 'victim' doesn't matter.What should you do to prevent legal liability if you are running either side of the case?

5.SUBSTANTIVE COMMENTS - Then participate by replying substantively to the case analyses of at least two other students.These must be posted by no later than Sunday evening although you shouldn't wait until Sunday to do all that work.If you do your comments at the last minute, you'll not earn the maximum points, because the value of your comments is in helping other students learn through your input - and that isn't accomplished at the last minute because others won't have time to read it.

6.Be careful not to cut-paste material from the internet or other sources into your brief.That's not permitted, and in addition, it is plagiarism and violation of property rights of the author under copyright law. (See guidelines about plagiarism.)Students who cut-and-paste will lose all points for the assignment.I use both plagiarism and legal research software to identify copied text, so I'll spot it.Don't do it.I don't want to penalize points.I want you to do well!Remember - in college, copying is 'plagiarism'.In life, it can be 'theft of intellectual property'.

7.You can work ahead on the case analysis - up to one week ahead.However, the thread will close out on Sunday night.The reason for this is that the benefit is discussing cases with other students - that is one important way to learn and understand.Posting late is like coming to class and talking after everyone else left.

8.Case analysis Format - you'll see more about this online, but here's the quick summary of it -

Case citation (Cite) not "site". Example "Jones v. Smith.Chapter 8, Case #3.Page 252"

Facts:What happened in this case that is relevant to deciding the case?

Legal Issue - the question to be answered to resolve the case. One or two sentences, phrased as a question, with a question mark. (?)

Analysis - What are the relevant legal principles?Where is this referenced in the text (page number!), How will the court rule in this case, based on the legal principle in the text page(s) you referenced?

Application - How can you use what you've learned? What would you do as a boss to prevent and mitigate damage and liability if you were the parties in the case?

Two things that I tell my law clients:

(1) Always read all the instructions on anything - a Syllabus is a set of instructions.

(2) If you are not sure about the instructions, ASK, don't guess.Don't assume.I charge the clients a lot of money to tell them these two things.When they do it, they avoid many legal expenses.When they ignore these two rules, they end up paying large legal bills. You get the same information for a much lower price!

If the required format is utilized by the student, and the rubric below is followed each time for the two case analysis assignments, the student will have two-hundred points!This will help, because the exams are... difficult

CASE ANALYSIS GRADING RUBRIC

Criteria

Earn 0 points

Earn 4 points

Earn 7 points

Earn 10 points

Facts - States important facts, but not unnecessary ones.

Facts not presented

Important facts missing

Facts not clear, or some missing

All important facts are clearly presented; no extraneous

Issue - States legal question that must be answered

Question is not presented

Presented, but not as question

Question presented but not precisely correct one

Correct legal question is presented clearly

Analysis - is correct and supported by text page-cited reference

Analysis is not presented

Analysis is presented but not full.No text cited references

Either analysis is correct, but no text page-cited reference; or cited but less than correct analysis.

Analysis is correct and supported by text page-cited reference

Application - How to apply what's learned to your own life & work. AND, as boss of each of the parties in this case, what would you do to prevent or mitigate this from happening again and causing legal problems?

Does not present a 'how to apply" application

Application is generalized or phrased as an "everyone should" type statement.

Prevention and Mitigation as a boss over the parties of the case is only minimally addressed.

Application explains how to apply, but not on the student's own experience

Prevention and Mitigation as a boss over the parties of the case is substantively but not fully addressed.

Explains how to apply what is learned to each student's own life and/or work.

Prevention and Mitigation as a boss over the parties of the case is fully addressed.

Comments - on the work of other students

No comments on the work of other students

Comments are made, but no value is added by the comments.

Some limited value is added by the comments.

Substantial value is added by comments.