Part 1 : Analysis the case in the file below and provide an overview of how law applies to specific fact patterns : Student will prepare your own original Application of the facts applying the law to the facts, and come up with your own original Conclusion.
The case briefs should be written in the following format:
1.Facts: The facts briefly indicate (1) the reasons for the lawsuit, (2) the identity and arguments of the parties, and (3) the lower court’s decision (if applicable).
2.Issue:The issue is the question before the court. The issue must be phrased as a question. Cases often have more the one issue (i.e., the court answers more than one question). If so, those questions should be listed here in chronological order.
3.Rule:The rule is simply the law the court uses to answer the question presented in the issue.
4.Application:This section requires the student to apply the rule to the facts to answer the question presented in the issue. In brief, the application provides the reason(s) for your decision on the Issue identified.This part should be the longest as you are applying the facts to the law. Ex : If If I were a judge in this case, I would apply the law to the facts as follows…
5.Conclusion:Your decision on how to the resolve the Issue identified, after your application of the law to the facts.
Part 2 : Discussion
Jennifer is a successful yoga instructor.She purchases a new pair of Lululemon yoga pants to teach her classes and she loves her new pair of yoga pants.June steals Jennifer’s newly bought yoga pants, and Jennifer is sad for the rest of the week about her yoga pants and discovers that June stole them.Jennifer then decides to sue June for Intentional Infliction of Emotional Distress.Is Jennifer likely to win?Discuss why or why not including what the elements of emotional distress are and applying the facts in the prompt to those elements.