Case Analysis - Think Like A Lawyer1 ASCM 627 When analyzing a court case, try using the following framework for your analysis. Between the...

Hello,

I need the following answers to the attached outline completed based off of the attached court case.

Case Analysis - Think Like A Lawyer1

ASCM 627

When analyzing a court case, try using the following framework for your analysis. Between the

“headnotes” (the short summaries at the beginning of many cases) and this framework, you’ll have a

good idea of what the court is saying and what it may mean to a given contracting situation. But be

careful – one state’s cases don’t transfer over to another state’s law. Moreover you may need legal

assistance to ensure the case is still current. Best bet: Contact your own legal counsel.

The “Think Like A Lawyer” Framework

 What area of the law is involved (e.g., contract, tort, copyright, etc.)?

 Who are the parties?

 Which court or administrative body (e.g., Board of Contract Appeals) issued the opinion –

state, federal or foreign?

 Where in the court procedural stage is this case – trial, appellate, final appeal with a state or

federal court (e.g., US Supreme Court)?

 What law applies (state, federal, international)?

 Is the court construing statutory law, regulatory law, or prior case law?

 What’s is the subject matter of the case – e.g., software sale, services, federal procurement?

 What are the basic facts of the case and how does it relate to your situation?

 What is the legal issue (e.g., preemption of state law by federal law)?

 Which party prevails according to the court’s opinion?

 What legal rule, if any, does the court create with this case?

 What is the final outcome? This could include a money award, an injunction, the court’s (a) affirming

(approving) the lower court’s decision, or (b) overturning the lower court’s decision, etc.

 How does this decision affect your contracting situation?

 What if any “public policy” (generalized) implications does the case establish? For example, the

US Supreme Court in Miranda vs. Arizona (1966) established uniform guidelines for suspects to be

warned of their legal rights upon being arrested.