Explain why the court decided as it did

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Reference no: EM133199883

Instructions

Read the actual case - Alba v. Kaufmann, 27 A.D.3d 816 (NY A.D. 3rd Div. 2006).

Note: In New York, the "Supreme Court" is a Trial Court, NOT the highest court in the state.

Write a case brief to include the following: Facts; Issues Presented; Decision; Reasoning and Analysis. See my Initial Course Announcement on Case Briefs for more information regarding the contents of a case brief.

Assignment Requirement
General Requirements: 1) You must either 'copy and paste' (in the assignment text box) or upload your Assignment / Case Study as an MS Word (or Open Office) attachment. I cannot easily read other formats -- which delays grading. 2) You must place your name at the top of your case brief.

Case Brief format:
General Instructions: Use proper paragraph headings (below stated); double space between paragraphs.

Case Heading - List the official case name, reporter citation, and year decided, i.e. Fox v. Hound, 123 U.S. 345 (1900)

Facts - List the facts of the case. Give the procedural history of the case and the position of the parties. Typically, 2 to 3 full paragraphs is sufficient.

Issue(s) Presented - List the issue or issues presented to the court for determination. All issues should be narrowly focused and stated in the form of a question. If more than one issue exists, number the issues and state them separately.

Decision - State 'what' the court decided. In other words, how did the court answer the issues presented? Typically the decision is a 'yes or no' answer followed by, perhaps, a one sentence explanation.

Reasoning - Explain 'why' the court decided as it did. Upon what statutes, case law or other precedents did the court rely in reaching its decision? This is where you explain the court decision in detail. Typically, 2 to 3 full paragraphs is sufficient.

Analysis - State whether you agree or disagree with the courts decision and support your position. Typically, 1 to 2 full paragraphs is sufficient.

Reference no: EM133199883

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