BRIEFING A CASE
do about Swalberg v. Hannegan
Each student is to brief three cases. The professor will select a practice brief for the student. The brief will be due June 24, 2014. The professor will choose one case from the text. The students are to brief the case and turn the case in on June 26, 2014. The student must be prepared to brief the case orally in class when called upon. Be advised that if the student is absent when called upon, the student will receive an ìFî for participation. The final brief is to be chosen by the student from lexis nexis or some other computerized database. The final brief is due on July 3, 2014.
In each instance make sure to properly cite the cases. A proper citation should read ìWindows, Inc. v. Jordan Panel Systems Corp. 177 F. 3d 114. Where the first name is the plaintiff and second name is the defendant. The first number is the volume in the California Reporter third series page 114. This citation follows suit at both the federal and state level.
To brief the cases properly, the student must use FILAC. Each assignment must be turned in on time.
FILAC FACTS, ISSUE, LAW, ANALYSIS CONCLUSION
FACTS:
The facts describe the events that led to the controversy in question. All that is required is a brief statement of the acts, physical events, and other matters that caused the parties to seek relief from the judicial systems. Should be no more that six sentences..
ISSUE:
This issue is the reason why the parties are in court. It is a one sentence statement followed by a question mark. The issue is what the court must answer in granting or denying relief.
LAW:
In reaching a decision, the court must apply the law. In each case, the student must find the applicable law. In a full text case, the law will be explicitly stated. However, in the text, these are partially briefed cases and sometimes the authors omit the law. In this instance, please refer to the preceding section to find the law. Remember, when reading a case there will be references to other cases, principles. However, the cases and other references in the case assist the court in applying the law. Remember, write the applicable law (code, constitutional provision, treaty etc).
ANALYSIS:
The analysis is the application of the facts to the law in deciding the case. The analysis will include the courtís rationale in deciding the case. The analysis will include a review of cases, distinguishing past cases from the current case, acknowledgement that a certain case is applicable and is the governing principle in applying the law. Think of an analysis as where the court combines the facts to the law to reach a conclusion. This section should be no more than five or six sentences.
CONCLUSION:
The conclusion is only who won the case. In many instances the case has been appealed and the original plaintiff is now the defendant and the original defendant is the plaintiff. Remember, determine which court you are in (superior, appellate, supreme) and if it is the appellate court, determine who the original plaintiff was and whether the case has been appealed.
Capital Currency Exchange v. National Westminster Bank and Barclays Bank
155 F.3d 603
FACTS: Capital Currency Exchange (CCE) is a financial organization that engaged in retail currency exchange and transferring money between the United States and England. CCE and its affiliates maintained a banking relationship with Barclays UK. In 1992 Worldcash wanted to acquire a New York State money transmission license. A $500,000 needed to be posted for the New York State banking authorities. On behalf of Worldcash, CCE prepared a line of credit as security for the bond with Barclays UK in 1991. Barclays UK and CCE severed ties in May of 1995 after Barclays UK informed CCE it needed to use another banker for future business. The facts of the split are disputed by both parties. National Westminster Bank also denied services to CCE which led CCE to believe that Barclays UK was conspiring against them. CCE brought suit and claims the conspiracy violates antitrust laws under the Sherman Act.
Barclays UK and National Westminster argued that the case should be dismissed under the Forum Non Conveniens Doctrine.
ISSUE: Is the another adequate forum to resolve the dispute under the Forum Non Conveniens Doctrine
LAW: The Forum Non Conveniens Doctrine states that an alternative forum is adequate if: (1) the defendants are subject to the service of process there; and (2) the forum permits litigation of the subject matter of the dispute.
ANALYSIS: The District Court found that the English courts are an adequate alternative forum to solve the dispute between all parties involved. The English courts have the power to award damages based on violations of antitrust law. The court made it clear that although treble damages are unavailable, it does not render a forum inadequate.
CONCUSION: Affirmed in favor of Barclays UK and National Westminster Bank
Compelling correspondence is essential to the achievement all things considered but since of the changing idea of the present working environments, successful correspondence turns out to be more troublesome, and because of the numerous impediments that will permit beneficiaries to acknowledge the plan of the sender It is restricted. Misguided judgments.In spite of the fact that correspondence inside the association is rarely completely open, numerous straightforward arrangements can be executed to advance the effect of these hindrances.
Concerning specific contextual analysis, two significant correspondence standards, correspondence channel determination and commotion are self-evident. This course presents the standards of correspondence, the act of general correspondence, and different speculations to all the more likely comprehend the correspondence exchanges experienced in regular daily existence. The standards and practices that you learn in this course give the premise to additionally learning and correspondence.
This course starts with an outline of the correspondence cycle, the method of reasoning and hypothesis. In resulting modules of the course, we will look at explicit use of relational connections in close to home and expert life. These incorporate relational correspondence, bunch correspondence and dynamic, authoritative correspondence in the work environment or relational correspondence. Rule of Business Communication In request to make correspondence viable, it is important to follow a few rules and standards. Seven of them are fundamental and applicable, and these are clear, finished, brief, obliging, right, thought to be, concrete. These standards are frequently called 7C for business correspondence. The subtleties of these correspondence standards are examined underneath: Politeness Principle: When conveying, we should build up a cordial relationship with every individual who sends data to us.
To be inviting and polite is indistinguishable, and politeness requires an insightful and amicable activity against others. Axioms are notable that gracious “pay of graciousness is the main thing to win everything”. Correspondence staff ought to consistently remember this. The accompanying standards may assist with improving courtesy:Preliminary considering correspondence with family All glad families have the mystery of progress. This achievement originates from a strong establishment of closeness and closeness. Indeed, through private correspondence these cozy family connections become all the more intently. Correspondence is the foundation of different affiliations, building solid partners of obedient devotion, improving family way of life, and assisting with accomplishing satisfaction (Gosche, p. 1). In any case, so as to keep up an amicable relationship, a few families experienced tumultuous encounters. Correspondence in the family is an intricate and alluring marvel. Correspondence between families isn’t restricted to single messages between families or verbal correspondence.
It is a unique cycle that oversees force, closeness and limits, cohesiveness and flexibility of route frameworks, and makes pictures, topics, stories, ceremonies, rules, jobs, making implications, making a feeling of family life An intelligent cycle that makes a model. This model has passed ages. Notwithstanding the view as a family and family automatic framework, one of the greatest exploration establishments in between family correspondence centers around a family correspondence model. Family correspondence model (FCP) hypothesis clarifies why families impart in their own specific manner dependent on one another ‘s psychological direction. Early FCP research established in media research is keen on how families handle broad communications data. Family correspondence was perceived as an exceptional scholastic exploration field by the National Communications Association in 1989. Family correspondence researchers were at first impacted by family research, social brain science, and relational hypothesis, before long built up the hypothesis and began research in a family framework zeroed in on a significant job. Until 2001, the primary issue of the Family Communication Research Journal, Family Communication Magazine, was given. Family correspondence is more than the field of correspondence analysts in the family. Examination on family correspondence is normally done by individuals in brain science, humanism, and family research, to give some examples models. However, as the popular family correspondence researcher Leslie Baxter stated, it is the focal point of this intelligent semantic creation measure making the grant of family correspondence special. In the field of in-home correspondence, correspondence is normally not founded on autonomous messages from one sender to one beneficiary, yet dependent on the dynamic interdependency of data shared among families It is conceptualized. The focal point of this methodology is on the shared trait of semantic development inside family frameworks. As such, producing doesn’t happen in vacuum, however it happens in a wide scope of ages and social exchange.
Standards are rules end up being followed when performing work to agree to a given objective. Hierarchical achievement relies significantly upon compelling correspondence. So as to successfully impart, it is important to follow a few standards and rules. Coming up next are rules to guarantee powerful correspondence: clearness: lucidity of data is a significant guideline of correspondence. For beneficiaries to know the message plainly, the messages ought to be sorted out in a basic language. To guarantee that beneficiaries can without much of a stretch comprehend the importance of the message, the sender needs to impart unmistakably and unhesitatingly so the beneficiary can plainly and unquestionably comprehend the data.>
