INSIGHT INTO THE GLOBAL ENVIRONMENT Moving Your Small Business Online: Seller Beware
5. Reason. Summarize as briefly as possible the reasons
AN EXAMPLE OF A
BRIEFED SAMPLE COURT CASE
As an example of the format used in briefing cases, we present here a briefed version of the sample court case that was presented in Chapter 1 in Exhibit 1–6 on page 24.
MORSE v. FREDERICK
Supreme Court of the United States, 2007.
__ U.S. __, 127 S.Ct. 2618, 168 L.Ed.2d 290.
FACTS On January 24, 2002, the Olympic Torch Relay passed through Juneau, Alaska, on its way to the winter games in Salt Lake City, Utah. Deborah Morse, the princi- pal of Juneau-Douglas High School (JDHS),permitted the students to leave class to observe the relay as it passed in front of the school. Teachers and administrative officials monitored the students' actions. As the torchbearers and camera crews passed, Joseph Frederick, a senior, and his friends unfurled a banner bearing the phrase “BONG HiTS 4 JESUS.” Morse immediately crossed the street and demanded that the banner be taken down. Everyone but Frederick complied. Morse confiscated the banner and suspended Frederick for ten days. The Juneau School District Board of Education upheld the suspension.
Frederick filed a suit in a federal district court against Morse and others, alleging that the school board and Morse had violated his rights under the First Amendment to the U.S.Constitution.The court issued a judgment in the defendants’ favor. On Frederick’s appeal, the U.S. Court of Appeals for the Ninth Circuit reversed the judgment. The defendants appealed to the United States Supreme Court.
ISSUE May a principal, consistent with the First Amendment, restrict student speech at a school event, when that speech is reasonably viewed as promoting ille- gal drug use?
DECISION Yes. The United States Supreme Court reversed the decision of the lower court and remanded the case for further proceedings.
REASON The Court acknowledged that the banner’s message was “cryptic.” But Morse believed it could be
interpreted as promoting illegal drug use and “that inter- pretation is plainly a reasonable one.” The Court explained that the phrase could be read as “an imperative”to use ille- gal drugs or as a celebration of illegal drug use.Under fed- eral law, and through the provision of federal funds, schools are to educate students about the dangers of drug abuse. Schools, including JDHS, have adopted policies to communicate and enforce this message.“Student speech celebrating illegal drug use at a school event, in the pres- ence of school administrators and teachers, * * * poses a particular challenge for school officials working to protect those entrusted to their care from the dangers of drug abuse.” When Frederick displayed his banner, Morse reasonably concluded that it promoted illegal drug use in violation of JDHS policy, and she acted accordingly. “The First Amendment does not require schools to tolerate at school events student expression that contributes to [the]
dangers”of drug abuse.
REVIEW OF SAMPLE COURT CASE
Here, we provide a review of the briefed version to indi- cate the kind of information that is contained in each section.
CITATION The name of the case is Morse v. Frederick.
Morse is the plaintiff; Frederick is the defendant. The United States Supreme Court decided this case in 2007.
The citation states that this case can be found in Volume 127 of the Supreme Court Reporter,on page 2618.
FACTS The Facts section identifies the plaintiff and the defendant,describes the events leading up to this suit,the allegations made by the plaintiff in the initial suit, and (because this case is a United States Supreme Court deci- sion) the lower courts’ rulings and the party appealing.
The appellant’s contention on appeal is also sometimes included here.
ISSUE The Issuesection presents the central issue (or issues) decided by the court. In this case, the United States Supreme Court considered whether a high school principal may restrict student speech at a school event if that speech is reasonably viewed as promoting illegal drug use.
DECISION The Decision section includes the court’s decision on the issues before it.The decision reflects the opinion of the judge or justice hearing the case.
Decisions by appellate courts are frequently phrased in reference to the lower court’s decision—that is, the appellate court may “affirm” the lower court’s ruling or
“reverse” it. Here, the Supreme Court determined that the principal’s belief with respect to others’ interpretation of the message of the banner was reasonable.The principal thought that the banner could be viewed as promoting illegal drug use. On that basis, the principal could legiti-
mately confiscate the banner. The Court reversed the lower court’s ruling in the student’s favor.
REASON The Reason section includes references to the relevant laws and legal principles that the Court applied in arriving at its conclusion in the case. Here, rele- vant law included the federal statute that requires the schools to educate students about the dangers of drug abuse and provides funds to further this purpose.This sec- tion also explains the Court’s application of the law to the facts in the case.
ANALYZING CASE PROBLEMS
In addition to learning how to brief cases, students of business law and the legal environment also find it help- ful to know how to analyze case problems. Part of the study of business law and the legal environment usually involves analyzing case problems, such as those included in this text at the end of each chapter.
For each case problem in this book,we provide the rel- evant background and facts of the lawsuit and the issue before the court. When you are assigned one of these problems, your job will be to determine how the court should decide the issue, and why. In other words, you will need to engage in legal analysis and reasoning. Here, we offer some suggestions on how to make this task less daunting.We begin by presenting a sample problem:
While Janet Lawson, a famous pianist, was shopping in Quality Market, she slipped and fell on a wet floor in one of the aisles.The floor had recently been mopped by one of the store’s employees, but there were no signs warning customers that the floor in that area was wet.As a result of the fall, Lawson injured her right arm and was unable to perform piano concerts for the next six months. Had she been able to perform the scheduled concerts, she would have earned approximately $60,000 over that period of time. Lawson sued Quality Market for this amount, plus another $10,000 in medical expenses. She claimed that the store’s failure to warn customers of the wet floor con- stituted negligence and therefore the market was liable for her injuries.Will the court agree with Lawson? Discuss.
UNDERSTAND THE FACTS
This may sound obvious, but before you can analyze or apply the relevant law to a specific set of facts, you must clearly understand those facts. In other words, you should read through the case problem carefully—more than once, if necessary—to make sure you understand the identity of the plaintiff(s) and defendant(s) in the case and the progression of events that led to the lawsuit.
In the sample case problem just given, the identity of the parties is fairly obvious. Janet Lawson is the one bring- ing the suit; therefore, she is the plaintiff. Quality Market, against whom she is bringing the suit, is the defendant.
Some of the case problems you may work on have multi-
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ple plaintiffs or defendants. Often, it is helpful to use abbreviations for the parties. To indicate a reference to a plaintiff, for example, the pi symbol——is often used, and a defendant is denoted by a delta—⌬—a triangle.
The events leading to the lawsuit are also fairly straightforward. Lawson slipped and fell on a wet floor, and she contends that Quality Market should be liable for her injuries because it was negligent in not posting a sign warning customers of the wet floor.
When you are working on case problems, realize that the facts should be accepted as they are given. For exam- ple, in our sample problem, it should be accepted that the floor was wet and that there was no sign. In other words, avoid making conjectures,such as “Maybe the floor wasn’t too wet,” or “Maybe an employee was getting a sign to put up,” or “Maybe someone stole the sign.” Questioning the facts as they are presented only adds confusion to your analysis.
LEGAL ANALYSIS ANDREASONING
Once you understand the facts given in the case problem, you can begin to analyze the case. Recall from Chapter 1 that the IRAC method is a helpful tool to use in the legal analysis and reasoning process. IRAC is an acronym for Issue, Rule, Application, Conclusion. Applying this method to our sample problem would involve the following steps:
1. First, you need to decide what legal issueis involved in the case. In our sample case, the basic issue is whether Quality Market’s failure to warn customers of the wet floor constituted negligence. As discussed in Chapter 7, negligence is a tort—a civil wrong. In a tort lawsuit, the plaintiff seeks to be compensated for another’s wrongful act. A defendant will be deemed negligent if he or she breached a duty of care owed to the plaintiff and the breach of that duty caused the plaintiff to suffer harm.
2. Once you have identified the issue, the next step is to determine what rule of lawapplies to the issue.To make this determination, you will want to review carefully the text of the chapter in which the relevant rule of law for the problem appears. Our sample case problem involves the tort of negligence, which is covered in Chapter 7. The
applicable rule of law is the tort law principle that busi- ness owners owe a duty to exercise reasonable care to protect their customers (“business invitees”).Reasonable care, in this context, includes either removing—or warn- ing customers of—foreseeable risks about which the owner knew or should have known. Business owners need not warn customers of “open and obvious” risks, however. If a business owner breaches this duty of care (fails to exercise the appropriate degree of care toward customers), and the breach of duty causes a customer to be injured, the business owner will be liable to the cus- tomer for the customer’s injuries.
3. The next—and usually the most difficult—step in ana- lyzing case problems is the applicationof the relevant rule of law to the specific facts of the case you are study- ing.In our sample problem,applying the tort law principle just discussed presents few difficulties. An employee of the store had mopped the floor in the aisle where Lawson slipped and fell, but no sign was present indicating that the floor was wet.That a customer might fall on a wet floor is clearly a foreseeable risk.Therefore, the failure to warn customers about the wet floor was a breach of the duty of care owed by the business owner to the store’s customers.
4. Once you have completed Step 3 in the IRAC method, you should be ready to draw your conclusion.In our sam- ple problem, Quality Market is liable to Lawson for her injuries, because the market’s breach of its duty of care caused Lawson’s injuries.
The fact patterns in the case problems presented in this text are not always as simple as those presented in our sample problem. Often, for example, a case has more than one plaintiff or defendant. A case may also involve more than one issue and have more than one applicable rule of law. Furthermore, in some case problems the facts may indicate that the general rule of law should not apply. For example, suppose that a store employee advised Lawson not to walk on the floor in the aisle because it was wet,but Lawson decided to walk on it anyway. This fact could alter the outcome of the case because the store could then raise the defense of assumption of risk (see Chapter 7).
Nonetheless,a careful review of the chapter should always provide you with the knowledge you need to analyze the problem thoroughly and arrive at accurate conclusions.
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more perfect Union, establish Justice, insure domestic Tranquility,provide for the common defence,promote the general Welfare,and secure the Blessings of Liberty to our- selves and our Posterity, do ordain and establish this Constitution for the United States of America.
ARTICLEI
Section 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Section 2. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States,and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
Representatives and direct Taxes shall be appor- tioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
Section 3. The Senate of the United States shall be composed of two Senators from each State,chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year,so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
The Vice President of the United States shall be President of the Senate,but shall have no Vote,unless they be equally divided.
The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President,or when he shall exercise the Office of President of the United States.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust, or Profit under the United States: but the Party convicted shall nev- ertheless be liable and subject to Indictment, Trial, Judgment, and Punishment, according to Law.
Section 4. The Times, Places and Manner of hold- ing Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but
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the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December,unless they shall by Law appoint a different Day.
Section 5. Each House shall be the Judge of the Elections,Returns,and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Section 6. The Senators and Representatives shall receive a Compensation for their Services, to be ascer- tained by Law, and paid out of the Treasury of the United States.They shall in all Cases, except Treason, Felony and Breach of the Peace,be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be ques- tioned in any other Place.
No Senator or Representative shall,during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
Section 7. All Bills for raising Revenue shall origi- nate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it,but if not he shall return it,with his Objections to the House in which it shall have origi- nated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent together with the Objections, to the other House, by which it shall likewise be reconsid- ered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall
be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been pre- sented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return in which Case it shall not be a Law.
Every Order, Resolution, or Vote, to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
Section 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of for- eign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas,and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatso- ever, over such District (not exceeding ten Miles square)