395.Paper.Instructions

395.Paper.Instructions - Law and Economics Economics 395...

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Law and Economics Economics 395: Fall 2008 Martin K. Perry First Draft: 50 points Due Thursday, November 13 Comments Returned: Thursday, November 20 Final Draft: 100 points Due Tuesday, December 9 (last class) Grades Returned: Friday, December 15 (final exam) Format for the Paper (double space both drafts) (1) Facts – Three pages The first section of the paper should summarize the facts of the case. Your case will have a summary of the facts, but you should check the trial court decision to clarify those facts. You should focus on the facts that matter for the court’s decision. These facts may include the history of a statute and regulatory agency, so you will discuss that history briefly. Then you will focus on the nature of the economic dispute between the plaintiff and the defendant. You will identify what the defendant did and what the plaintiff wants. In law school, the analysis of any case begins with a careful discussion of the facts. One reason for this emphasis is the principle of judicial restraint. One important aspect of judicial restraint is that judges only decide the dispute facing them, and do not speculate about what they would decide if the facts were different than they are. Another reason for this emphasis is that the facts can reveal the motivations and expectations of the plaintiff and defendant. In some cases, this will assist the judge in deciding on whether the plaintiff or defendant is more or less culpable in creating the dispute. For example, in private nuisance cases, it is important to know who was using their land first and what should have been expected about the future development in the area. So look
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This note was uploaded on 02/28/2009 for the course ECON 322 taught by Professor Francisco during the Spring '07 term at Rutgers.

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395.Paper.Instructions - Law and Economics Economics 395...

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