Question
The project this week is a scavenger hunt. Follow the leads and find the answers to the following, using Lexis (www.advance.lexis.com) or any official government
The project this week is a scavenger hunt. Follow the leads and find the answers to the following, using Lexis (www.advance.lexis.com) or any official government website. Sometimes, if you only know the popular name of a code or rule, it is easiest to Google it to find out the number of the code before you read the law on Lexis or on an official government site. Knowing the number of the law will help you be faster and more efficient in your research. All citations should be in Bluebook format. Review the Bluebook help guidefor assistance with citations.
Watch the announcements in class to get helpful hints and to see if this week's scavenger hunt has been modified.
Prompt
Respond to the following prompts in a Word document:
Part 1
- Give the complete citations including parallel cites for the following case, 408 U.S. 238 (1972), a short summary of what happened, and the judge's holding.
- Helpful Hint for #1: As you know, cases are published in Reporters. For United States Supreme Court cases, the official Bluebook citation only shows the official government published United States Reports (U.S.) For this assignment, please cite the parallel sites (other sources from private publishers like Westlaw and Lexis that also publish the case). Cite to three sources: the official U.S. Reporter, S. Ct. Reporter and L. Ed. 2d Reporter.
- Shepardize the U.S. Supreme Court case you cited in #1 to see if it is still good law. Does Shepard's show any "warnings?" If so, how many?
- Give the citation for this United States District Court case and a short summary of what happened: 86 F. Supp. 2d 1167
- Helpful Hint for #3: The F. Supp. Reporter publishes cases from federal District (trial) Courts. Here is a template for a cite to a case decided in the federal District Courts. Remember case names are either underlined or in italics. Pugh v. Rainwater, 332 F. Supp. 1107 (S.D. Fla. 1971)
Part 2
Use Lexis and find a 1988 Federal 9th Circuit Court of Appeals case involving a famous entertainer who sued the National Enquirer and a Swiss clinic for libel.
- Cite the case
- Under what state code was this action brought?
- Click on the code you just found and scroll down to the end to the "Notes to Decisions." "Notes to Decisions" are helpful material where Lexis will show you cases decided under specific issues pertaining to a code. Click on "Use of Name" and cite a 1996 case that held, "A claim was stated for appropriation of identity when an advertiser used an athlete's former name in commercials, injuring the athlete economically and emotionally, since people believed the athlete abandoned his name and renounced his religion."
- Go back to the case you found in #1 where the National Enquirer was the defendant. A headnote is a rule of law found in the case. You can use the headnotes to help you research, but they are not the actual case decision. They point you to a rule of law in the case. Reading the headnote helps you find the rule of law you are looking for since many cases have more than one legal issue, thus more than one rule of law. What does headnote 8 in this case say about an essential element of the tort of misappropriation? You can copy and paste that headnote for your answer.
Part 3
A brief of a case is a summary or outline of the case. You brief the case so that you can easily see what happened. There is a sample case brief in this week's lecture. The sections of a brief are:
- Heading
- Facts
- Procedural History
- Issue(s)
- Holding(s)
- Rationale(s)/Analysis
A case can have a number of issues. Your assignment this week is to brief the following case using this one issue only: Whether the employee established an actionable sex discrimination claim under Title VII based on a showing of "hostile environment"? The case you are to brief is Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986)
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