Gm520 Case Brief

In: Business and Management

Submitted By mznikkib
Words 656
Pages 3
FORMAT FOR CASE BRIEF

Virtually all of the cases in this text (and all legal texts for that matter) are at an Appellate/Supreme Court level (not a trial court), where Issues of Law are resolved, as opposed to issues of fact which are resolved at the trial court level. This suggested format is a slight modification of an outline for Case Briefs used in the legal profession. (Example - Text Pg 8 – Case 1.1)

 Style of Case and Citation:

U.S. v Sun-Diamond Growers of California

 Court Rendering Final Decision:

U.S. Supreme Court

 Identification of Parties and Procedural Details: Who is the Plaintiff? Who is the Defendant? What is the cause of action? Who prevailed in lower court? Who is appealing to what court?

The United States (plaintiff) charged U.S. Sun-Diamond Growers of California (defendant) with making illegal contributions to the former Secretary of Agriculture Michael Espy who had control of regulation to the use of methyl bromide. The growers were particularly interested in this regulation due to their use of this low-cost pesticide. The issue at hand is that present, past, or current public officials are not allowed to receive gratuity from agencies that have interest in regulations that those officials may be even remotely connected to. The jury involved convicted Diamond, and the District court subsequently sentenced them to pay a fine of $400,000. Afterwards the Court of Appeals reversed the stated conviction and remanded a new trial.

 Discussion of the Facts: Who did what to whom? What relief is being sought?

Example - Sony manufacturers Betamax video tape recorders for use in recording a TV Broadcast. Tapes can be viewed, erased, and use to record again. Universal City and Disney Studios claim that Sony is facilitating the theft and reproduction of movies, and denying them their rightful copyright royalty…...

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