Describe the critical thinking process lawyers use to analyze and brief a case?

Recall the critical thinking process of “thinking like a lawyer.” Review the

 

case Masters v. Beck and answer the questions listed below.

 

1. (5pts.) Describe the critical thinking process lawyers use to analyze and brief a

 

case? Your book refers to this concept as the “basic building blocks in a legal

 

decision or argument.

 

2. (5pts.) Identify the facts in Masters v. Beck in less than 100 words.

 

3. 5pts.) What is a case “Issue?” Identify the “Issue” in Masters v. Beck

 

4. (5pts.) What is the “Rule of Law?” Identify the “Rule of Law” in Masters v.

 

Beck.

 

5. (5pts.) What is a case “Reason and Conclusion?” Identify the “Reason and

 

Conclusion” in Masters v. Beck.

 

ADM315-78 BUSINESS LAW

 

PART 2- TRUE/FALSE & MULTIPLE CHOICE QUESTIONS (25 Points)

 

6. (5pts.) In order for a court to render a decision to affect a person, the court must

 

have:

 

a. Personal Jurisdiction

 

b. Subject Matter Jurisdiction

 

c. In Rem Jurisdiction

 

d. Any of the above

 

7. (5pts.) A client must pay money to trigger the attorney client privilege. True/

 

False

 

8. (5pts.) Statutory Law is made by:

 

a. Congress

 

b. Judges

 

c. The President

 

d. None of the Above

 

9. (5pts.) A defendant has no control over the location of the trial. True/False

 

10. (5pts.) A judge that analyzes cases by examining human behavior and community

 

values more likely than not follows which School of Jurisprudence?

 

a. Feminist School

 

b. Sociological School

 

c. Natural Law School

 

d. Critical Legal Studies School

 

PART 3- ESSAY QUESTIONS (50 Points)

 

11. (25pts.) Osborne, a former chairman of the board of Lock Steel Company, entered

 

into a retirement agreement with Locke. Among other things, the agreement

 

stated that Osborne would continue doing consultations for the company and

 

Osborne would not work for any direct or indirect company competitors. In

 

exchange for these promises, the company agreed to pay Osborne $15,000 a year

 

for the rest of his life. After paying for two years, the company stopped payments

 

when Osborne and Osborne sued. The defendant Locke argued that there was no

 

consideration because the contract was based on past services, and thus there was

 

not detriment to the Osborne. Who won? Explain.

 

ADM315-78 BUSINESS LAW

 

12. (25pts.) William Story promised his nephew that he would pay the nephew $5,000

 

if he gave up using tobacco, swearing, and playing cards until he was 21 years

 

old. The nephew did so and asked his uncle for the money. His uncle agreed to

 

pay, but the uncle suddenly died in a car crash. The uncle’s estate representatives

 

refused to pay the nephew and argued that there was no consideration for uncle’s

 

promise. Should the court uphold the agreement in this case?

 

*PART 4- BONUS (5 Points)

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