Traditional case brief, Business Law and Ethics

Assignment Help:

The  defendants, while sympathetic, may believe that the ultimate responsibility of a child's safety and welfare belongs to the parent themselves. To the extent that the parents were aware the child was attending a party where alcohol was served, it was the parent's duties (Ryan's parents) to educate  their child about the dangers of alcohol consumption and drinking and driving.

From a social perspective, perhaps, each of them  should be  liable to some degree, especially where  there is  an adult knowingly violating the teenage drinking law. There should have been a social obligation for these parents to abide by the law, even if not out of personal concern for the minor children.

Moral convictions might weight against  the defendants.   It would seem that just a common sense notion of human decency and caring for children should have compelled the defendants to be more concerned about a young person drinking and driving.

In your traditional case brief, you will not have this section.  So, don't be confused or alarmed if you are unfamiliar with having this section in your case brief assignments.  For my courses, I ask students to include this section for several reasons, the most important of which is that it is an exercise in critical thinking.

An essential aspect to critical thinking is being able to evaluate the same set of facts from different and diverse perspectives.  This is a key skill in legal analysis, as you are tasked to think about the legal issues from not only your own or your client's perspective, but from that of opposing sides as well.  This is necessary so that you understand both the strengths and weaknesses of a case.  Moreover, it is a crucial aspect of demonstrating objectivity within the law.  As sometimes no matter how passionate you and/or the client might be about a particular matter, if the law does not support the position, then you have to be able to see and explain that.  The only way that you get to this understanding is being able to evaluate, articulate, and argue various perspectives.   It is often very easy for us to argue and support our own opinions and beliefs.   It is  much more challenging task to understand and articulate those opinions and beliefs to which we are opposed and/or unaware.

In this section, you don't have to believe it.  The task here is for you to be able to at least see the other  possible  perspectives,  understand the legitimate arguments that might be made from those  perspectives, and articulate those perspectives with the intellectual integrity  and vigor they merit.


Related Discussions:- Traditional case brief

Issuing shares at a discount - allotment of shares, Issuing shares at a dis...

Issuing shares at a discount: In Ooregum Gold Mining Co of India Ltd v Roper (45) the House of Lords held that it is illegal for a limited company to issue its shares at a dis

Compromise or arrangement - reconstructions, Compromise or arrangement - re...

Compromise or arrangement - reconstructions: A scheme of arrangement is very flexible since it may be used to effect any "compromise or arrangement" with members or a class of

Unity and continuity of domicile, Unity and continuity of domicile Co...

Unity and continuity of domicile Conversely S.10 of the Act provides such no person may have more than one domicile at any one time and no person shall be deemed for be witho

Purchase of own shares - merger accounting, Purchase Of Own Shares: An...

Purchase Of Own Shares: Another possible way in which a company's paid-up capital may leave the company other than in the ordinary course of the company's business would be if

Action against fraudulent phoenix activity, In the paper Action against Fra...

In the paper Action against Fraudulent Phoenix Activity: Proposals Paper, Treasury made a range of recommendations to amend director's liability provisions and taxation law. Rec

Define the reflect relative policy stance, Define the reflect relative poli...

Define the reflect relative policy stance We assume that contributions reflect relative policy stance, then the policy positions are perceived only noisily and we get only expe

Role and Functions of Law, Discuss the roles of law and courts in today''s ...

Discuss the roles of law and courts in today''s business environment. •Compare and contrast the federal court structure with your Florida''s court structure. •Discuss the concept

Delivery of good – sales of goods, Delivery of Good – Sales of Goods T...

Delivery of Good – Sales of Goods Therefore this is the voluntary transfer of possession from one person to other. Actually delivery usually takes any of the next forms, namel

Explain the concept of salomon principle, Question 1: (a) Explain the c...

Question 1: (a) Explain the concept of Salomon Principle and critically analyse its importance in company Law. (b) Discuss why and in what circumstances the court will pierc

What do you understand by collective bargaining, Question 1: (A) What...

Question 1: (A) What do you understand by Collective Bargaining? (B) What is collective bargaining from: (I) The economic point of view

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd