Question
Your case brief assignment is as follows: Using the assigned case facts, prepare Modified Case Brief (different from regular case brief as it requires your
Your case brief assignment is as follows: Using the assigned case facts, prepare Modified Case Brief (different from regular case brief as it requires your personal perspective, see instructions and sample below), similar in structure to the sample case brief of Bad Frog Brewery and rubric in the two pages following, including headers, identifying Facts, Issue, Rule, Application, and Conclusion. However, in addition to identifying and listing the Facts, Issue and Rule, you are to prepare own original Application of the facts applying the law to the facts to answer the issue(s) identified, and you are also to come up with your own original Conclusion, meaning how would you rule on the Issue you identified?
The case briefs should be written in the following format, and see sample case brief following:
- Facts: The facts briefly indicate (1) the reasons for the lawsuit, (2) the identity and arguments of the parties, and (3) the lower court's decision (if applicable). This should be a summary that demonstrates your written communication and explanation skills. (15 points)
- Issue: The issue is the question before the court. The issue must be phrased as a question. Cases often have more the one issue (i.e., the court answers more than one question). If so, those questions should be listed here in chronological order. This section is meant to demonstrate your critical thinking skills as it requires identification of the central issue(s) between the parties and a clear statement of what the issue is. (15 points)
- Rule: The rule is simply the law the court uses to answer the question presented in the issue. This section requires the student to use critical thinking skills to identify the law that the court should consider in this case and clearly state it. Word for word re-statement is fine here. (15 points)
- Application: This section requires you the student to apply the rule to the facts to answer the question presented in the issue. In brief, the application provides the reason(s) for your decision on the Issue identified. This part should be the longest as you are applying the facts to the law, as it is worth the most. Critical thinking skills are again required here as the students must take the facts as given and apply the law that is given to them. You will be graded by your ability to demonstrate the application of given facts to the laws that govern the issue, and your writing skills in conveying this application or analysis of the facts with the law. (30 points)
- Conclusion: Your decision on how to the resolve the Issue identified, after your application of the law to the facts. You must answer the issue presented based on your application of the law to the facts. You will be graded on how clear your response is based on the applicable law and facts. (15 points)
BRANDT BUSINESS LAW Case Brief #3 Assignment Ravyn v. Starfury Inc. (2015)* In 2013, Ravyn created a human-sized female robot Zumba instructor named Zoe. Zoe the zumba robot was programmed to be able to teach all levels of Zumba from beginner to expert level, without breaking a sweat. Zoe was also programmed to be a heart rate monitor who could quickly diagnose of any class attendees were working out too much and needed a rest, or if they were not working out enough to make an impact. Ravyn often posted videos of Zoe on her website, blog, and Twitter account which had more than 10 million followers. Starfury Inc. ("Starfury) is a well-known company that specializes in organizing company staff retreats for major Fortune 500 companies. Starfury's net worth is estimated at $100 Million. In January 2014 Starfury's VP of Retreat Events Super Starfury learned about Zoe the zumba robot. Super absolutely loved the idea of a Zumba robot instructor, and believed that having that robot would be a great way to separate Starfury Inc. from its competition. Within a week, she had met with Ravyn to discuss the idea of leasing use of Zoe the Zumba robot for the corporate retreats that Starfury coordinated for its clients. Super believed that it was such a unique idea that her clients would love it and make them repeat customers of Starfury. Ravyn met with Super over the period of four days to discuss different possibilities of using Zoe the zumba robot as well as Super's consulting services on how best to use the Zumba robot schedule-wise for the retreats. Super took the idea of Zoe and Ravyn's services to the Starfury Board which loved the idea and had Super ask Ravyn to make a proposal to sell the Ravyn zumba robot outright to Starfury, as well as discuss payment for her consulting services on planning retreats that use a Zumba robot. Having researched the potential value of her zumba robot including how popular it was on social media, as well as her services' value, Ravyn offered to sell Zoe to Starfury for $50 Million, and her consulting services for a one- time fee of $50,000. She said that if Starfury didn't object, she would send over her initial plans on how to use Zoe. Starfury did not respond one way or another. Thinking things were good Ravyn sent to Super videos of different classes Zoe could teach, as well as showing Zoe's skills related to teaching a Zumba class, health diagnosis, CPR, and even her social skills which put Apple's Siri and Amazon's Alexa to shame. She further sent various schedules of the best way to use a Zumba robot on corporate retreats day by day, including 3-day retreat and 7-day retreat schedules. Starfury and Ravyn went back and forth on negotiations as to buying Zoe. They did not further discuss Ravyn's payment. The last they left it, Ravyn had reduced the offer to sell Zoe the Zumba robot to Starfury for $30 Million. Two weeks after Ravyn's $30 Million offer, which Starfury never responded to one way or another, Starfury met with another robot designer Cyborg 4 U. Cyborg 4 U said it designed robots as well and could create its own Zumba robot for Starfury 1
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