Reference no: EM131379777

Why: Paralegals are often called on to find, read, and analyze cases as part of their job. Understanding how cases are organized will make it easier to read and analyze them. In this activity, we will focus on identifying the elements of the case and in the next activity, we will analyze the court's reasoning.

Learning Objectives:

1. To identify the facts, cause of action, assignment of error, and sources cited by the court.

2. To develop skills in reading cases.

Resources:

1. Case - Oberschlake v. Veterinary AssociatesAnimalHospital, 2003-Ohio-917

2. Information provided in this activity

3. Paralegal Today, pages 121-129, 175 - 203

Information:

The information provided here will discuss how Ohio cases are generally organized. The court starts by summarizing the facts of the case, what happened that led to the lawsuit, and notes the legal basis for the plaintiff's lawsuit (cause of action). The court will also list the defendant's response to the plaintiff's complaint.

The court then lists what the decision of the trial court was. Most of the cases we read have been decided by the Court of Appeals. Many cases are heard by trial courts, such as those involving traffic tickets, divorces, auto accidents, and bad debts. Most of these cases do not deal with important legal issues. Court of Appeals cases are more likely to deal with relevant legal issues. In order to appeal, the appellant must give the court a legal reason for the appeal. The Court of Appeals will then list the assignment of error, or the mistake the appellant claims the trial court made. The job of the Court of Appeals is to determine whether the trial court made a serious or prejudicial error, one that would have affected the outcome of the case.

The court then discusses the law, relying on statutes and previous cases. The court applies the law to the facts of the case it is reviewing and makes a decision, to reverse, remand, or affirm.

Critical Thinking Questions:

1. How are cases organized?

2. Why are most of the cases we read Court of Appeals cases?

Application Questions:

Refer to the Oberschlake opinion to answer the Application Questions.

3. A. Why did the plaintiffs in Oberschlake sue?

(What are the facts on which the case is based?)

B. What were the three causes of action listed in plaintiffs' complaint?

4. What was the defendants response to plaintiffs' complaint?

5. What did the trial court rule?

6. What was the assignment of error?

7. The court reviews the assignments of error to determine whether the trial court made a serious mistake. The assignments of error help us to identify the issues in the case, the legal questions the court must decide. One of the issues in Oberschlake dealt with the loss of animal companionship.

A. 1. Refer to paragraph 20. What did the court say about recovering damages for loss of animal companionship?

2. The court referred to cases from other states. What states did the court mention?

B. Refer to paragraph 21. What problems did the court see if it allowed recovery of damages for loss of animal companionship?

8. Choose one of the problems the court listed in paragraph 21. Come up with a counter-argument. In other words, take the opposite view from the court and develop an argument for your view.

9. Find Paragraph 20 in the case. The court refers to cases from other states. Why would a court refer to out of state cases in its opinion?