25 Sep Pearson v. Superior Court

Pearson v. Superior Court (2012) 202 Cal.Appl4th 1333 [136 Cal.Rptr.3d 455]

Facts : (This is the “story” that gives rise to the case. What facts are at the root of the controversy? What happened that started the whole lawsuit? In this case there are not a lot of facts because the court doesn’t provide us with much detail. 10 points.)

Procedural History : (This starts when the lawsuit starts. Procedurally, what has happened in this case? Who sued whom, for what? How can a court be sued? Was there a trial or a motion? Who won it? Who is appealing? Why? 10 points.)

Issue : (This is the question that this appeals court is trying to answer by hearing this case. There may be more than one question. If so, state them all, each in a separate numbered paragraph. Look for the appellant’s appeals argument(s). The issues are often based on these arguments. The issues are questions only, no background, no answers, just questions. 15 points.)

Result/Holding : (This is the answer to the issue. If there are three issues, there will be three results. This is a good part to quote. It will be a specific answer about this case, not a general statement of law. Number these and put each one in a separate short numbered paragraph. 15 points.)

Reasoning : (The is the court’s explanation of how it went from its issue to its result/holding. This is usually the longest part of the brief. It’s the part where the justice discusses cases and/or statutes. Discuss each issue in a separate paragraph. Follow the RAC format: rule/law, analysis/application, conclusion for each issue, which is covered in chapter 1. 25 points.)

Procedural Consequences : (Look for one of these words: affirmed, reversed, modified, and/or remanded. This part is often one of these words (not always), and otherwise is usually just one or two sentences long. It is often the last sentence of the case. Sometimes it’s labeled “disposition” or “conclusion.” 5 points.)

This is the required format and is worth 20 points. Your brief should be typewritten, double-spaced, and at least two pages in length. Use a font size of 11 or 12. Underline your headings. Indent the first line of each paragraph. Pay attention to your grammar and spelling, as I will deduct points for spelling and grammar errors. I will look also for independent thinking and analysis.

This assignment assesses one of the student learning outcomes (SLOs) for our class, briefing an appellate court case. It also relates to some of the measurable course outcomes for our class:

· Evaluate the different components necessary for the formation of a valid contract

· Evaluate whether a contract has been performed or breached

· Contrast the differences between ordinary contracts and contracts for sale of goods

· Analyze and apply some of the various defenses to contract formation