Writing the Case Report

MEDIA LAW (JOUR 3633)

Your team problem will present at least one question of law (a legal issue) that has been considered by courts in the United States. The leading cases addressing the legal issue are given to your team. Rather than assign the entire team to read all the cases, you will divide the cases among yourselves and each one of you will learn about one case. Then you will come together in class and teach the others about your case. That way, the entire team knows what it needs to know to continue.

DO THIS PART BY YOURSELF: You are not to collaborate on the Case Report -- your other team members have their own cases to analyze.

For the Case Report, you aren't looking for the answer to your problem, but rather the questions. Avoid conclusions. Identify the questions that are being asked -- or in other words, what are the legal issues your problem presents?

Type this paper and make copies for each person in your group plus one to turn in for credit.
See further instructions about how to format, etc., below.

Remember the difference between:

Your "problem" -- the narrative case given to you at the beginning of your Media Law Report -- the one that is currently in the news or perhaps that I made up (a hypothetical).

AND

Your "cases" -- These are the opinions written by the judges or justices in the cases I have assigned you. In most MLRs, there are five cases. This is how you learn what law to apply to your problem.

Issues Spotting -- Sometimes students have trouble finding the issues in the problems or opinions. Read these Issue Spotting Tips before you read your cases to help you figure out what the issues are.

What goes in the Case Report:

Answer these questions about your case. DO NOT write an essay.

Copy these questions (the boldface questions) onto your paper and then, underneath each, answer the questions. Be sure to read the explanations under the boldface, because some of them require multiple answers.
ABSOLUTE MAXIMUM of two pages. The limited space is to make you synthesize the material and put it in a form that is understandable.
Typed in 12-point Times font, double-spaced. DO NOT PRINT ON BOTH SIDES OF THE PAGE.

QUESTIONS: (Point value is shown at the end of each question. Total 50)

1.What is the style (the abbreviated party names) and the legal citation for your case? (2 pts)

This is Smith v. Jones, not Adam Smith, The Adam Smith Corporation and its Subsidiaries v. John Jones, Jones Acme Corp., OwnWorld LTD -- in other words, don't list all the plaintiffs and defendants. Go by the style given you in the team assignment. Don't forget to include the citation. The citation can also be copied from the team assignment, but make sure you get it right and complete.

2. What is the system and level of the "instant court" ? (3 pts)

Answer this question with two words only: either "federal" or "state" AND "trial," "appeals" or "supreme court." The "instant court" is the one who wrote the opinion you are reading. The "lower courts" are where the case began and was, perhaps, appealed. By your citation, you should be able to tell me which system (federal or state) and which level (trial, appeals or supreme) your case is coming from.

3. Who wrote the opinion in your case? (3 pts)

This is usually right at the beginning of the opinion.

4. Summarize the facts that led to the legal conflict in your case. (3 pts)

Don't make this too long. (Remember your page limit.) Sometimes it can be as simple as "Editor John Jones published a story in the Daily Bugle that said Adam Smith had been convicted of burglary. Smith sued Jones for libel. Jones claimed that he had relied on standard journalistic practices in deciding to run the story." DON'T INCLUDE the legal history (see next question).

5. What is the legal history of this case? BE SURE to answer all three questions below. (3 pts)

What is the cause of action? Where did the case originate and what did the lower courts do? What is the appellant asking for on appeal?

6. What are the media law issues presented in the case? Issue Spotting Tips (5 pts)

THE ISSUES MUST BE STATED AS A QUESTION OR QUESTIONS.
Read your team problem. The cases should state issues that are much like the ones presented in your problem.
For some cases, you will need to include a recognition of the government interest in restricting speech and the competing interests. For instance, the government has tried often to restrict indecent speech on the Internet. Its interest is to protect children. The competing interest is that adults have the right to view and read indecent material. In an Internet indeceny case, one of the issues might be: "Is the Communications Decency Act 's attempt to protect children from indecent speech on the Internet too restrictive of adult's rights to be Constititional?"
Some cases do not require a recognition of the government interest -- see the Issue Spotting Tips link above.

7. What was the legal outcome of the media law issues? (5 pts)

What did the court decide?
Why (in a sentence or two)?
Be sure you are reading what THIS court said and not a lower court's holdings being argued in the opinion.

8.Were there any dissents? Who wrote them and what did they say? (3 pts)

These are at the end -- READ THEM!

9. What kind of law (statutory, administrative, case, constitutional) is at issue in this case? (3 pts)

One cannot be sued unless there is a specific law that is alledged to be violated. Sometimes it's more than one kind of law. For instance, copyright law (statutory) protects one's work, but a defendant might cite case law or the Constitution in its defense.

10. How does what you have read in your case seem to apply to your team problem? (20 pts)

Try to find similar facts and issues between your case and your problem. Refer to both your problem and the case.
Be specific by citing what was said in your case and applying it to facts from your problem, comparing the two.
NOTICE THE POINTS FOR THE QUESTION -- obviously, you want to give this question your full effort.
Sometimes, the "problem" and your "case" are the same -- if I have made a real case the problem for your team. If you have the case that "is" the problem, analyze what is said in your case to outline what the arguments are on both sides to answer No. 10.

The case report may seem very hard at first, because you don't know much about law. But give it a shot. As long as you make an honest attempt, you will get credit on this assignment.

DO NOT COPY LANGUAGE FROM THE CASE AND PASTE IT INTO YOUR REPORT! That is an automatic zero. Read the case and then put the answers in your own words. If I can tell you haven't used your own words, you'll lose points.

DO NOT HAND IN THIS PART:

Preparation for Team Meeting

Some students appreciate some guidance on what exactly they are supposed to do in the team meeting. Be ready to help your team find the answers to these questions when you meet in class.

1. What do your cases have in common with the problem for your team?

2. Are there rulings by the judges in all or some of your cases that are based on the same precedent (previous cases)?

3. Are there one or two main questions presented in the cases and in your problem?

4. Are there legal "terms of art" that are common in your cases?

5. What is the source of law that controls all your cases?

6. As a team, try to come up with one sentence that states the issue or issues in your problem. Be sure everyone in the group can explain what the legal issues are in your problem.

7. Which of the cases has the most precedential value for your problem?

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