construct a conclusion that offers the reader an opportunity for further thought,
employ segues and transitions that move the reader through the paper,
employ the use of the third person point of view,
demonstrate skills gained from the first two projects as it relates to focus and organization, evidence and format, and style, and cite sources using MLA conventions.
Assignment:
In Project 2, students will be asked to compose a polished essay of 1000-1200 words that asserts an arguable thesis and is supported by research.
After researching, developing an understanding of both critical reading and historical perspectives, and learning to extend personal interests into
researchable ideas (and arguable claims), students will combine these skills to write a thesis-driven, research-based essay. This essay should provide
background on the topic (context), evidence to support the claim, counterarguments/refutations, and a conclusion that offers the reader something for further thought (a forward-thinking conclusion).
This project helps to prepare students for the type of research writing they will be asked to undertake in 1102.
This assignment will be evaluated using the FYC rubric.
Role of Research:
Students should use research as (1) support for their theses and (2) a way of acknowledging and incorporating counterclaims. Students should incorporate 4-6 sources.
Writing Process:
Early Draft
The early draft should be an outline or other organizing draft that includes a preliminary thesis, a list and brief explanation of major points (including
counterargument), and a working bibliography.
Important notification : the early draft should be solved in this PDF file https://usflearn.instructure.com/courses/984319/files/32934171/download
What this means that the early draft should be solved in that outline provided ,
Intermediate Draft
The intermediate draft should be a working draft that includes the thesis, all major points, evidence to support these points (including in-text citations),
counterclaims, and a works cited page. This draft should be 800-1000 words.
Final Draft
The final draft should be a 1000-1200-word polished essay in which students articulate an assertion about their topic with which a reasonable person could
disagree and address counterclaims. Students should ensure that their claim is fully supported with paraphrased, quoted, and summarized material drawn from appropriate credible sources cited using MLA.
According to Farley v Skinner, damages for mental distress, disappointment and similar injury caused by a breach of contract will only be awarded when mental satisfaction was part of a specific request or undertaking.
Discuss.
Word limit: 2000 words (includes footnotes). Do not include a bibliography. Sources must be cited in accordance with OSCOLA.
This is an essay question. The usual points on approaching such a question apply. You are invited to discuss the quotation. You may agree or disagree with it and you may do so with or without qualifications.
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Students may refer to the relevant rules from Uniform Civil Procedure Rules 2005, sections of the Civil Procedure Act 2005, and to relevant cases in their answers to the following questions. Students must specifically identify and name the relevant provision they are referring to.
FACTS UPON WHICH QUESTIONS ARE BASED
During the course of defamation proceedings between M as plaintiff and Channel X as defendant in the Supreme Court of NSW, a number of interlocutory issues arise, as set out below. A jury has already found that two programmes televised by the defendant carried certain imputations defamatory of the plaintiff, namely that he had sexual intercourse with boys who were under the age of 18 years knowing them to be so aged, or deliberately refraining from asking them how old they were. Both the Statement of Claim and the Defence have been amended, so far, three times by consent.
The Plaintiff has consistently complained to both the Defendant and the Court (on each occasion when the matter has been mentioned) that the Defendant really does not have a defence known to the Law and that it is merely defending these proceedings in the hope that the Plaintiff will exhaust his resources and, in effect, “give in”. The Plaintiff has become particularly vicious in his attacks on the Defendant in this regard since the jury found in his favour about the defamatory imputations. On the last occasion when the matter was in Court the Defendant’s Senior Counsel was overheard to say to the Plaintiff’s Senior Counsel: “Look here, old chap, either your bloke puts his money where his mouth is about striking us out, or he accepts that my client is going to pursue a public interest defence until the last breath of its Managing Director”.
The Defendant has now advised the Plaintiff that it wishes to once again amend its Defence to take into account new evidence that has come to its attention as a result of all the publicity that has been generated by this trial. The Plaintiff complains bitterly that this is unfair to him as it will cause a further adjournment of proceedings that have already been running for four years and will increase his costs as well as exacerbate the personal stress that these proceedings have caused to him. But for this proposed amendment, and the other issues referred to both above and below, this case would have been listed for hearing in three months from today.
The Defendant has issued a subpoena to produce documents to the NSW Police Service (“the Police”). The Police have been conducting a criminal investigation in relation to the Plaintiff’s activities for many years, but no charges have ever been laid. The subpoena is in the following terms:
“All records (i.e. files, documents, correspondence, memoranda, statements, statutory declarations, affidavits, records of interview, transcripts of interview, file notes, computer printouts, audio and video tapes) relating to investigations carried out during the period 1990 to date by the NSW Police Service into the following matters concerning the Plaintiff, M:
1. allegations of paedophilia against M;
2. allegations that M had engaged male prostitutes who were under the age of 18;
3. allegations that M had engaged in other criminal activities;
4. any association M had with CJF;
5. allegations that M had engaged in homosexual intercourse with 13 named persons;
6. allegations that F2 has made about M’s sexual conduct at a named Club;
7. the search of M’s home by Police in May 1994;
8. all records of investigations carried out under the supervision of three named Detective Inspectors;
9. any other relevant document wheresoever held.”
Discovery had been ordered against Mrs M, the estranged wife of the Plaintiff, and who has been joined as a party in her own right in these proceedings. The categories of documents sought include photo albums. Mrs M, who is separately represented by Counsel, has filed a number of affidavits in which she deposes that she has given a full list of documents presently in her possession, custody and power. In Schedule 2 to an affidavit of discovery she states:
“The Plaintiff M has retained a number of documents but I am unable to obtain these documents even though they are clearly mine (either solely or jointly with the Plaintiff) as they are held by the Plaintiff or his legal representatives. On or about 3 months ago the Plaintiff came to my home, took several photo albums, and said to me words to the effect: ‘I’m taking these photo albums.’ I have neither seen the Plaintiff nor these photo albums since then.”
The Defendant seeks further discovery from the Plaintiff. This time the Defendant seeks an order that the Plaintiff provide discovery of documents falling within the following categories:
• Category A: Trust account records relating to any Solicitor’s Trust Account conducted by the Plaintiff in the period 1 January 1990 to 30 December 2002.
• Category B: Diaries or calendars operated by, for or on behalf of the Plaintiff in the course of or relating to any solicitor’s legal practice conducted by the Plaintiff in the period 1 January 1990 to 30 December 2002.
On the basis of these facts answer the following questions as succinctly as practicable. Please remember, this is an examination about civil procedure and dispute resolution, not an examination about defamation law and practice.
1. Is there anything the Plaintiff can do about the Defendant’s proposed further amendment of its Defence? What is likely to happen if the Court needs to adjudicate about whether or not to allow a further amendment? (10 marks)
2. Does the Plaintiff have any options available to him arising out of his concern that the Defendant really has no defence? What can the Plaintiff do and what are his prospects of success? (15 marks)
3. Are there any concerns arising out of the subpoena to the NSW Police Service? What are they, and what would you do to raise these concerns? Ignore any issues of standing to complain. (10 marks)
4. What issues, if any, arise out of the affidavit of Mrs M in relation to the documents she has discovered? (10 marks)
5. What issues arise from the discovery of documents within Category A and B? Do these documents have to be discovered? (15 marks)
please only use Australian jurisdiction , and please answer the five questions , please use the questions and headings
SAMPLE ANSWER
Is there anything the Plaintiff can do about the Defendant’s proposed further amendment of its Defence? What is likely to happen if the Court needs to adjudicate about whether or not to allow a further amendment?
Options Available to the Plaintiff
The plaintiff has options to counter the defendant’s proposal for amending the defense. First, previous proceedings demonstrated that the defendant intends to delay the progress of the case in order to drain the plaintiff’s resources. This is a window of opportunity for the plaintiff who should provide evidence that his/her resources cannot withstand further delay (of the court proceedings). It is likely to favor the plaintiff because the court had ruled in favor of the plaintiff earlier. Furthermore, the defendant is quoted to have revealed intentions of draining the plaintiff. Thus, providing evidence in terms of resources spent in previous proceedings is a smart move to counter the defendant’s amendments. The plaintiff should also consider examining any incriminating information that is present in the documents falling under category A or B. If nothing incriminating is present in the documents, the plaintiff should cooperate with the defendant and provide the requested documents.
What would happen In case of Adjudication?
There are three main principles that govern interlocutory issues. These include the presence of a serious case, the possibility of an irreparable harm, and the balance of convenience (New South Wales, 2005). The three principles reveal that the court is likely to rule in favor of the defendant if adjudication occurs. This owes to the amount of evidence provided by the defense provides the capacity to convince the judge that it is a serious case. The second principle is qualified by the introduction of Mrs. M who has a separate legal counsel. Ultimately, the balance of convenience is qualified by the possible damage from failing to grant an injunction. In short, the adjudication is likely to adjourn the case if the defendant tables the new defense.
Does the Plaintiff have any options available to him arising out of his concern that the Defendant really has no defense? What can the Plaintiff do and what are his prospects of success?
The plaintiff stated that the defendant has no evidence and intends to drain Mr. M’s resources. It follows that the plaintiff has the following options on the aforementioned claim. First, the defendant could use history from previous hearings to illustrate that the defendant never had any evidence, but has only been delaying the final ruling. Furthermore, the statement of claim has been amended thrice, which indicates the defendant lacks a stable defense. It is notable that the defense provided possible sources of information that formed the basis for their proposal to change their defense. Considering this, the plaintiff should review the documents and prepare by looking for loopholes that can fight the defendant. Mr. M should also check for information that could incriminate him in the proposed defense.
The plaintiff is likely to turn out successful after proving that the history from the defendants is questionable. Crosschecking through the evidence will also equip the plaintiff with a motion to convince the court that adjourning the hearing is not an option. This is because the defendant’s history proved to be focused on adjournment. As mentioned before, the court had ruled in favor of the plaintiff on defamatory imputations. Thus, the plaintiff is likely to turn out successful, unless the defendant makes a moving argument.
Are there any concerns arising out of the subpoena to the NSW Police Service? What are they, and what would you do to raise these concerns? Ignore any issues of standing to complain.
The issues arising from the subpoena to the NSW police include, allegation that M had engaged with underage prostitutes, M’s sexual conduct at a named club, and allegations that M had homosexual intercourse with thirteen named inmates. There are additional issues, which are meant to taint Mr. M’s character, but may not be valid in the current case. The fact that allegations such as Mr. M’s engagement in other criminal activities emerge highlight the aforementioned notion. These issues may not be connected to the current case, but are only meant to taint Mr. M.
In order to raise these concerns, the defendant should connect the case, the plaintiff’s mannerisms, and the allegations. It is simple to connect allegations of sexual misconduct to the case. However, connecting other allegations will be difficult owing to the main dispute involving the warring parties (sexual defamation). The defendant should not only connect sexual allegations to the case, but should connect all allegations to the case. Doing this will convince the court that the plaintiff has mannerisms that forced channel X to disregard defamation as a possible complain from Mr. M.
What issues, if any, arise out of the affidavit of Mrs. M in relation to the documents she has discovered?
The affidavit of Mrs. M results in issues of trust. It is difficult for the court to trust Mr. M following the presentation of the affidavit from Mrs. M. The affidavit indicates that Mr. M has denied Mrs. M possession of items, which duly belong to her. Furthermore, the affidavit indicates that Mr. M snatched some photos from Mrs. M and denied having seen the photos. Considering the purpose of an affidavit (New South Wales, 2005), it is reasonable to assume that the allegations made by Mrs M are more likely to be true. Especially, if the affidavit was made before the plaintiff filed a case. This owes to the reality that an affidavit is at times made voluntarily. If that is the case, then Mrs. M did not intend to harm Mr. M, before the plaintiff filed for a case of defamation against the defendant. Considering all the possibilities, Mrs. M’s affidavit could land a heavy blow to the plaintiff.
What issues arise from the discovery of documents within Category A and B? Do these documents have to be discovered?
The discovery of items in Categories A and B raises a number of issues. The documents in category A results in the possibility that the plaintiff was not defamed. If the defendant proves that funds between the plaintiff and the underage boys were exchanged then the plaintiff will lose the case. The documents in category A could also be used to prove allegations that Mr. M engaged in sex with under age prostitutes. In short, documents in category A are focused on sexual issues surrounding Mr. M. Ultimately, documents in category B could help the defendant to provide evidence of the plaintiffs sexual involvement with underage boys. These documents do not have to be discovered. However, whether they are discovered or not will depend on the defendants argument in court.
At one level law reform is either a product of parliamentary or judicial activity … Parliament tends, however, to be concerned with particularities of law reform, and the judiciary are constitutionally and practically disbarred from reforming the law in anything other than an opportunistic and piecemeal way.
(Slapper, G. and Kelly, D. (2011) The English Legal System (12th edn), Abingdon, Routledge, p. 153)
Explain the different processes by which UK law can be changed and discuss whether you agree or disagree with the quotation.
You should give examples
This question, therefore, requires you to make plain or account for the ways in which law can be changed in England. ‘Discuss’ means ‘explain, then give two or more sides of the issue and any implications’.
The question requires you to consider the quotation and look at the two sides of the statement by considering the arguments both in favour of and against the quotation.
SAMPLE ANSWER
Law Reform
As specified in the book “The English Legal System” by slapper and Kelly, (2011) the process of reforming the law entails a rigorous process which according to the UK laws can only be undertaken by either the parliament or the judiciary. As for the for the parliament, the process of triggering reform is shaped by the need to refine specific clauses so as to make them more applicable to the current national scenario or suit a certain bill passed by the same parliament. On the other hand, the judiciary engages in reforms entailing making changes to the whole of the constitution. The judiciary therefore has much more mandate over the reform process as compared to the parliamentary process. Nonetheless, these two organs of the government represent the legislature and thus they play the pertinent role of determining the course of law in England. In order to foster the reform process, the government had to appoint a royal commission to deal with issues arising from the implementation of the UK law. The Law Commission operates as an independent body which is set by the parliament. This is done in adherence to the Law Commissions Act enacted in 1965. The act was passed so as to watch over the law and ensure that any reform made to the law is made after a rigorous review and analysis so as to foster the improvement of the lives of the citizens of England.
The commission is made up of a judge from the court of appeal, who is supported by four other commissioners. The main function of the commission is to look to it that it approves reforms that make the law much simpler, fairer, more accessible, cost effective and above all modern. In order to undertake this duty effectively, the members of the commission consult widely and where possible they seek public consultations so as to be accurate in their reporting to the parliament of UK regarding the much needed reforms in order of priority. It is only after the recommendations that the UK parliament can go ahead with the reform process. An example where the procedure for implementing reforms was practice was back in 1832 when the government requested the commission to seek information and collect statistics on the working of a law aimed at alleviating poverty in the UK. The Poor Law as it was known made a suggestion to the parliament to reform the law by bringing the control of the countries funds to a central location in London and secondly, it was mandated that the reforms had to be made in such a way that they prevented unnecessary expenditures of public funds so as to direct them towards funding public projects.
These recommendations were published in a report stating the need for reform in the year 1834 after which it was handed to the parliament. The parliament supported the need for reform thus they had to consider the recommendations made by the commission regarding the problems identified in the Poor Law. The recommendations encompassed in the commission’s report were reasonable to the extent that they would reduce government expenditure to the minimum level possible while simultaneously minimizing the cost of implementation. The parliament has to make the Poor Law Amendment Act in the shortest time possible while making legislations to guide the reform process at the parliament level. The parliament had an easier time adopting the main recommendations made by the commission. A relevant commission by the name the Poor Law Commission had to be set up and located at a strategic location in London. Inspectors were employed to supervise the working of the officials while authority was transferred to 600 parishes in the country so as to facilitate devolution. The parishes were referred to as the board of guardians who were given workhouses to facilitate their functioning. The decision to use the locally elected guardians was to reduce on the cost of setting up formal administrative systems.
The new Poor Law was amended in that the outdoor relief aid which was given to the able bodied people was scrapped off with the aim of triggering the able bodied and physically endowed people into searching for work. On the same note, the reforms protected the less privileged especially the elderly and the sick. More relief was reserved for the people who could prove that they were undergoing a cruel and harsh life and as a result, they needed outdoor relief. The reformation of the Poor Act was based on a pioneering Act where the government had sought to provide a central point where the poor people could be issued with relief food and other basic necessities but as reality dawned in, the government found it burdensome to maintain the increasing number of poor people in UK thus the need for reform was called for. The need for reform was further supported by social commentators who noticed that the able people in the society were becoming dependent on relief at the expense of seeking for employment opportunities and fending for themselves.
By so doing the government became obligated to fulfilling the needs of the people facing genuine economic hardships. In spite of this, there are conservative people who still opposed the reforms by claiming that the government had overlooked some classes of the society that were in dire need of relief was being shadowed by the government. On the brighter side, the impact of the reforms are still felt today as the UK has managed to flourish and improve the economic conditions of its citizens. Today the law has standardized the lives of many people by boosting the unemployed, the sick and the elderly. The argument in favor of the reform therefore stands out as being dominant because it shaped the government expenditures and diverted the revenue saved from providing relief aids towards the common good of all the citizens. This is one reason why UK now enjoys a good system of infrastructure courtesy of the priorities for posterity implemented through the decision by the parliament to make reforms on the Poor Act (Slapper & Kelly, 2011).
The second and a more modernistic application of the legislative reforms in the UK has been the pressure mounted on the parliament to change the English Libel Laws. These laws are not only applied in the UK but all the other Commonwealth countries. The United States and the Republic of Ireland also use these laws but they are historically related to the English Defamation Acts. The act became law under obscure circumstances after a surge in civil cases relating to defamation in the years between 1272 and 1307. The applicability of the law was further clouded by the fact that defamatory remarks could pass for lack of evidence. The defamation law was reinstated under the statute of Westminster in the year 1275. After the Westminster Status, the defamation act became the Libel Law and was enacted under the English Common Law. Currently, the libel law is applicable to any case of defamatory remarks against a person who is taken to the High Court. The evidence for such law suits require that the accuser has to use written or published statement alleging for defamation. The law can be filed under the circumstance that the damage caused on the accuser caused an economical or professional loss. Or that the defamation caused the accuser to lose respect or made the public to think worse about them.
A person seeking legal redress under the Libel Law has to base the defamation remarks on an allegation. This has been common among people practicing journalism and newspaper editors who have come under the wrath of politicians for claims of defamation. The Libel Law also gives companies the privilege of suing people who make defamatory remarks because the English Laws allow companies to stand alone as natural persons. Among the cases that have been brought to book under the Libel Law include the 1894 case law on South Hetton Coal Co. Ltd. v. North Eastern News Ass’n Ltd. as well as the Bognor Regis U.D.C. v. Campion case law in the year 1972 (Delaney, 2014). The most recent case between Keith-Smith v Williams [2006] have necessitated reforms to this law because of the passage of time. With the advancement of Information Technology which has seen the rise of social networking sites and increased involvement of the media in reporting social issues, the need for change is unavoidable.
Many other factors have led to the public call for reformation of the Libel Law. For example people have brought up debates both in favor and against the amendment of the libel law. Reflecting on the commentary made by the citizens in dire need for reforms, it was argued that the libel laws have become oppressive in the sense that they are being misused by the rich who find leeway to impeach and extort unsuspecting journalists. The rich have succeeded in manipulating the legislative organs of the government in UK and this is one instance when the law has been challenged for reforms. The need for reform is therefore driven by the need for advancement of the common good principle where the general public will be at liberty to express their views and expose malice among all the members of the society without the fear of being taken to court for defamation (Delaney, 2014). By so doing, it is evident that the libel law needs reform because it has become an impediment to the advancement of the freedom of speech. In another case, the citizens of UK in favor of the reforms have seconded the fact that the libel laws are oppressing people by silencing vital organs of communication such as human rights activists, journalists, writers and users of social networking sites.
There has been a universal call for reforms among all the countries using the libel laws as they have been termed as being antiquated and overdue. The public has been pushing for a defamation bill by the parliament so as to start a reform process for the libel law. Apparently, all the publics are campaigning for a reformation of the libel law. The only people against the reform might be the rich and corrupt politicians in the UK who are using the loopholes in the law to exploit other citizens. This is because these figure heads enjoy protectionism from the high index of censorship provided to them by the law which makes them immune to remarks that appear to be defaming their professional reputations (Delaney, 2014). The ability for the law to create a super injunction upon which the freedom of expression can be compromised has been enjoyed by a few members of the society thus the call for change led to the reforms in April 2013. The Defamation Act was therefore enacted in 2013 and thus it is required that the plaintiffs face the court of England and convince it that the libel laws are irrelevant and that the court is the most appropriate place to enforce the reform process. The claimants are further required by the court of England to show that the citizens of UK have suffered serious harm and economic loss regarding the miss appropriation of the Libel Law. The defenses of justice have seen to it that the Libel Law comes under scrutiny by the court system in UK. The court was able to prove that the law needs reform because it is outdated.
By so doing, a process of reform has been forwarded to the judiciary which is required to amend the act and make it available for public review before it is included in the constitution of the UK. This is the second example demonstrating the ability for the public to enforce the reform process by use of the court system. This is opposed to the first process where a commission is used to table a report requesting the parliament to make reforms of subtle laws that affect the society. The second case is different because the libel law favors the rich and the powerful thus the affected members of the public have to petition and seek for the help of human rights and civil rights activists and follow legal redress as the only possible avenue for instigating reforms (Police Reform and Social Responsibility Act, 2011). In such a circumstance, it is only the court that can call for the review of the antiquated law thus it was necessary for the Defamation Act 2013 to pass through the UK parliament so as to pass through a reform process that will lead to the enactment of a new law reflecting the change of time and the need for freedoms of speech and expression.
The third process of change that has been used to call for reforms in the UK is purely judicial. This is to mean that the judiciary can be mandated to overhaul the constitution of the whole country as it has been exhibited with the government appointed in 1997. The government which is in its third term of office has been vigilant on enforcing constitutional reforms in subtle areas so as to better the lives of the common citizens in the UK. Among the areas that have been called for reform have revolved around the need for devolution, human rights and the House of Lords. Specifically, the reforms in the House of Lords were initiated by doing away with the voting among the hereditary peers (Lacy, 2013). By abolishing the voting rights which were previously enjoyed by hereditary peers and sparing 92 peers to help in reforming the House fully, the UK government is bound to succeed. For example in 2008, the government facilitated reforms in the House of Lords by setting a workable action plan for 80 peers elected to represent the second chamber. The House of Lords Information Office circulated a briefing paper printed with reform proposals which consequently led to the reduction of the members of the House of Lords. Personally, the action has been supported by the fact that the public expenditure incurred in maintaining the House of Lords can be diverted to other economic projects which will boost productivity of other sectors such as agriculture.
The second reform that was necessitated by the constitution under the leadership of the judiciary was the Human Rights Act [1998]. The act was incorporated into the UK laws as part of guaranteeing the freedom of Human Rights Activists. The reformation of the act was assured by the European Convention on Human Rights of which UK has been a member and a signatory since 1951. The first endorsement of the Human Rights Act had been made by the government in 1951 but it was not incorporated into the domestic laws of UK thus the Ministry of Justice found it prudent to push for reforms as one way of fostering justice for the people involved in seeking redress against violation of human rights (Lacy, 2013). The third constitutional reform is still underway but the government through the judiciary is pushing for the introduction of the Bill of Rights. This is according to the 2009 publication in the Green paper where the government stipulated Rights and Responsibilities for developing a constitutional framework that will favour all citizens. This is a long and rigorous process towards addressing the issues of devolution which have been embedded in the legislative system in the UK. This has obscured the administration of justice by the courts because they legal system is basically dependent on these laws while making rulings. The constitutional reforms have been widely supported by different NGO’s which implies that the reforms are timely in addressing the social, economic and social issues faced by most of the UK citizens thus the reforms are aimed at strengthening devolution which will better the lives of all citizens.
A) Using case law explain why attributes of quality of the goods may not necessarily relate to the description of those goods?
AND
B) Sarah and James Smith run a bed and breakfast from their home and need to buy a large capacity washing machine. They visit the local appliance store
Talford’s and ask Harry the sales assistant for advice. Sarah tells Harry that they need a machine that can hold up to 12kg loads. She further stipulates
that she would like a machine that is ecologically friendly and that will be able to do a wash at 15 degrees Celsius on a quick wash cycle. Lastly Sarah
requests that the machine have a reduced noise and vibration feature as otherwise it could disturb the guests. Harry recommends the Suds 2000 telling Sarah and James that is can meet all their needs and more.
After using the machine for two weeks it transpires that the machine cannot get stains out at 15 degrees Celsius unless it is on an extended wash cycle.
Further the machine makes so much noise that guests begin to complain and Sarah ruins several linens as the machine can only hold up to 9kgs.
She telephones the customer services at Telford’s department store to demand a refund however is told that a refund, exchange or any other remedy is not
possible as her contract of sale excludes liability for any defects relating to the quality and condition of the goods.Advise Sarah
PART A : 800 WORDS
PART B : 950 WORDS
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In a book review, the introduction may run to several paragraphs.
Establish context:
mention the title of the book and its author.
Establish focus:
mention the author’s purpose. In a book, it is usually stated in the preface or introduction, or on the back cover.
Comment on the appropriateness of the author’s purpose in terms of timeliness and importance of the subject.
Mention what authority or expertise the author has to write on the subject.
State thesis:
give your general response to the author’s work: whether you agree or disagree or partly agree with it. Remember, you have to support this view in your
critique and the structure of your critique depends on the overall impression of the reviewed material as given in your thesis statement.
Summary of the book:
The main purpose of the summary is to provide the reader with adequate information to understand the critical commentary that follows. The summary should be objective and should not include any personnel interpretation or discussion.
It is not possible to summarize an entire book so summarize the following:
Controlling idea/thesis
Main concepts that form the foundation for the controlling idea/thesis
Development of the controlling idea/presentation of evidence
Text structure, the topics covered and how they are organized and sequenced.
Critique of the book:
The purpose of the critique is to express your judgments and comments about the book you are reviewing. The purpose of this section is to support the personal opinion you have already expressed briefly in the Introduction. The critique consists of personal judgments, comments and opinions, it is
subjective, unlike the previous section, which is objective.
It may be easier to handle to critique of a book if you examine the different aspects of the book and pass your judgment on each aspect separately. Your
critical commentary should focus on the following aspects:
Subject matter: describe the range of topics in the book and determine whether it is adequate and relevant. This may also help you pass judgment on the length of the book. Examine the organization of the topics and determine whether the sequence is appropriate.
Style: determine whether the difficulty of words and sentence structure is appropriate for the intended audience. Determine whether the formality of the
style is appropriate, is it too formal/casual in terms of subject matter and readers.
Layout: express your opinion about the adequacy, suitability, and usefulness of the following:
contents and index pages
-headings
-typefaces
-graphics
Make sure you present valid reasons for your judgment each time you comment on the different aspects of the book.
CONCLUSION
The conclusion relates to both your introduction and critique because it restates the most important comments from the introduction and sums up the main critical points of your critique. In the conclusion you need to:
Restate the purpose of the book you have reviewed.
using your critique as a base, make a judgment about how successful the writer has been in achieving that purpose.
Restate the thesis you included in the introduction.
support your thesis by commenting on whether or not the reviewed material makes a useful contribution to the body of literature already published in the field.
Reference:
Arnaudet, M.L. and Barrett, M.E. 1984. Approaches to Academic Reading and Writing. New Jersey: Prentice Hall.
Other tips: the review should give an account of the book’s arguments and structure as well as the author’s assumptions and presuppositions; it should
evaluate the arguments advanced and indicate the extent to which the author backs them up with evidence. It should draw a balance sheet of the weaknesses and strengths of the book.
Evaluate the arguments advanced. Are they consistent? Are they coherent? What theoretical or philosophical assumptions does the author make? What does the author use as evidence?
Read other reviews that have been written about the book. What do the other critics say? You may use their comments in your review, you may agree/disagree with them. Reading other reviews also gives you ideas on how your review should be structured.
Read biographical information about the author. This information may help you understand the book.
The position you take on the book is not as important as how you defend that position. http://www.apastyle.org/elecref.html for information on citing electronic sources.
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A case brief is a dissection of a judicial opinion. It contains a written summary of the basic components of that decision. Briefing a case helps you acquire
the skills of case analysis and legal reasoning. It also helps you understand it. Briefs help you remember cases for class discussions and assignments.
Learning law is a process of problem solving through legal reasoning; case briefs, therefore, should not be memorized. Below are examples and explanations of
the components of a case brief.
1. Case Title and Citation
Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Services
(Plaintiff Nursing Home) v. (Defendant State Entity) 532 U.S. 598 (2001)
Case titles generally take on the names of the parties involved in the case. For example, in this case Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources, Buckhannon Board is the party asking the Court to reverse a lower court’s holding; West Virginia Department of Health and Human Resources wants the Court to affirm that holding.
A citation acts as the case’s “address.” There is a standard format for cases contained in the United States Reports (abbreviated U.S. in case citations).
Therefore, in this case, the citation is 532 U.S. 598. This means that this case is found on page 598 of the 532nd volume of the United States Reports.
2. Procedural History
The Court of Appeals affirmed the District Court’s dismissal of the case and denial of attorney’s fees. The Supreme Court affirmed.
The procedural history (or posture) states how the case got to the court that wrote the opinion that you are reading.
3. Facts
Buckhannon Board and Care Home, Inc. (“Buckhannon”), which operates care homes that provide assisted living to its residents, failed an inspection by the West Virginia Office of the State Fire Marshall because some of the residents were incapable of “self-preservation” as defined under state law. On October 28, 1997, after receiving cease and desist orders requiring the closure of its residential care facilities within 30 days, Plaintiff, on behalf of itself and other similarly situated homes and residents brought suit in federal district court against the state of West Virginia, two of its agencies, and 18 individuals. Plaintiff agreed to stay enforcement of the cease-and-desist orders pending resolution of the case and the parties began discovery. The district court granted West Virginia’s motion to dismiss, finding that the 1998 legislation had eliminated the allegedly offensive provisions and that there was no indication that the Legislature would repeal the amendments. Buckhannon then moved for attorney’s fees as the prevailing party.
This section includes a brief overview of the relevant facts of the case that (a) describe the dispute at hand and (b) have brought the case to this point.
Basically, you should answer the questions of who did what to whom and why. The facts of the case are often presented at the outset of an opinion of the
Court, although sometimes they may describe through the opinion. It is also important here to note the holdings of the lower court(s) (i.e., the legal
history of the case) so that you understand the decision of the Supreme Court when it “reverses” or “affirms.”
4. Issue
Is a prevailing party is entitled to attorney’s fees in Federal court when the prevailing party did not receive a judgment on the merits, but only prevailed
because the lawsuit brought about a voluntary change in the defendant’s conduct.
In this section, you identify the legal issue(s) addressed by the court. The legal issues should refer specifically to the facts of the case, but you should
not phrase the issues as purely factual questions. Issues may involve substantive law or procedural law.
5. Ruling and Reasoning
(Rehnquist, J.) No. The Supreme Court of the United States affirmed the appeals court’s ruling denying the motion for attorney’s fees. Although attorney’s
fees may be granted to a prevailing party following a judgment on the merits, in addition to settlement agreements enforced through a consent decree,
attorney’s fees are not warranted where there has not been a judicial determination altering the legal position of the parties.
In the United States, parties are ordinarily required to bear their own attorney’s fees so that the prevailing party is not entitled to collect from the loser. However, Congress has passed laws permitting the shifting of attorney’s fees in numerous instances. In refusing to award attorney’s fees in this instance, though, the court stressed that its decision was consistent with prior decisions refusing to award attorney’s fees where the court issued a directed verdict against one party.
The ruling and reasoning section includes what this court ruled, or, how the court answered the question (theoretically, the court’s application of the law
to the fact of this specific case).
6. Dissenting or Concurring Opinion
Justice Ginsberg dissented, in which he was joined by Justices Stevens, Souter, and Breyer. His dissent stressed that fee shifting should depend on the
outcome of the case, i.e. whether the prevailing party received their desired outcome, regardless of whether or not a judicial decision existed to
memorialize the outcome. Essentially, the dissent defined the term “prevailing party” in a practical sense, such clear that a party may be considered to have prevailed even when the legal action stops short of final judgment due to intervening mootness.
7. Concurrence
Justice Scalia concurred, in which he was joined by Justice Thomas. His concurrence focuses on the fact that a prevailing party cannot be one who left the
courthouse empty-handed, i.e. one must have received a judicial determination to be considered a prevailing party.
On occasion, a case report will include a dissenting opinion that disagrees with the majority’s ruling and reasoning. There may also be a concurring opinion
that agrees with the majority’s result but not its reasoning. If so, briefly sate the main points of the disagreement.
(Case example obtained from http://www.casebriefs.com, retrieved April 18, 2012).
1. Review the sample brief on pp. 25-28 of your textbook.
2. Using the sample brief and your brief instructions as a guide, prepare a case brief on one of the following cases:
• Salmon v. Atkinson (p. 192)
• Dorsey v. Gregg (p. 199)
• Libbey v. State Farm (p. 203)
• Richmond v. Iowa (p. 212)
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In essay, assume that the law above has come into effect. Use your knowledge of the current ethical, professional and commercial paradigms of biomedical research to discuss the ramifications of the new law on biomedical scientists and biomedical research.
It’s the year 2024, and the world has changed over the last 10 years. In response to pressure from lobby groups, the Australian Parliament is poised bring into effect new law: The use of any animals in medical research will be banned. The move has been lauded by animal welfare groups, but many suspects that the push for the law has come from ? anti-science? elements within the government. Write an essay. In the essay, assume the law above has come into effect. Use your knowledge of the current ethical, professional and commercial paradigms of biomedical research to discuss the ramifications of the new law on biomedical scientists and biomedical research.
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