There are several steps
involved in a formal lawsuit. From the beginning when filing a lawsuit, the
first step is the demand. Demand is a situation whereby a lawyer is required to
ensure that offers and requests made by a party are realistic and even guide
one in understanding the terms of the agreement before making any admissions.
On the other hand, lawyer’s letter is another step that one of the principals
uses an attorney to send a lawyers letter in case things do not work out
amongst them. A pre-litigation settlement discussion is a step that involves the
parties and their lawyers majorly involving service complaints to all the
defendants (Donohue, 2017). The formal suit is
whereby a parallel action may be taken in case there is no success in attempts
to resolutions. The answer is another step that involves a legal process
whereby a formal answer is required from the defendant within a given frame of
time. Finally, discovery is a step that involves either physical or documents
evidence taken by both parties to identify the course of the problem.
In different federal court
systems, discovery is a process whereby before any trial is carried out; all
relevant documents and pieces of evidence are disclosed. The evidence can either be physical or any
other form that is likely to identify that particular problem at the moment.
Discovery is also identified to have three major components including
depositions, written discovery and document production. Deposition is when the
attorney gets all the answers from a party, and the reporter is ready to take
into account of all the statements alleged (Gabriel, 2016). Witten
discovery is divided into two forms including interrogatories, which explains
facts in question form, and requests for admissions are either denial or
admission of facts by defendants.
law is a type of law that explains disputes amid individuals with the aim of
compensating the offended party. However, criminal law is the body of law that
majorly deals with the cases of crime, and they are punished for their criminal
offenses. Also, the type of punishment offered in civil law to the wrongdoers
is usually compensation which is always in financial form whereas, in criminal
offense anyone found guilty is imprisoned or even sentenced to death. On the
other hand, administrative law is a branch of law that governs rules used to
create or operate the government agencies.
a supervisor assigns the task of determining the elements of negligence on a
client who was at fault in an automobile accident, then brief or case summary
is a preferred written document to present to the attorney when giving details
on elements of negligence. A brief is a summary of the case where the elements
of negligence are required to prove this case. Instead of the attorney reading
a large document with too many words containing the details about these
elements, then as the assistant, it is necessary that a summarised or brief
information is presented to the attorney for him to analyze the case (Kadish
et al., 2016). The brief will entail all the relevant
information required by the attorney about these four elements of negligence
about the case and whether it can be dealt with in depth.
every research done on cases, all the details discovered should be based on
facts. Before presenting a case summary to the supervising attorney, the
analysis of four elements of negligence should be proved by few circumstances
after a thorough research has been done
(Kadish, 2016). The research can be done through various avenues
including different law journals and articles. For instance, these can be found
on the internet or even published materials. Based on other extra sources, a
few references, which can be used, may include past analysis of the cases,
which had already been determined. They may provide opinions on the same to
relate to the case at hand. Therefore, it is possible to use past analysis to
give a summary of these elements of negligence when dealing with a fault in an
sections, which should be included first in writing, are the name and citation
of the case. This section majorly describes the facts, which are importantly
required for the case to be complete. Secondly, another part will also contain
what a procedural history of the case. Meaning, in case of any trial conducted
in the previous times concerning matters of negligence during any fatal
accident then it will be noted. Short statements or the main agenda that the
case addresses is established in the third section of the writing. Lastly, the
important section is the last section where there is an outcome of the entire
case. It is an overall discussion of the court where the final analysis of the
case is done.
Brown v. Board of Education Case Brief
Case Name and Citation:
Brown et al., Petitioners v. Board of Education, 347 U.S. 483 (1954) 175 U.S.
528, 275 U.S. 78
Court Issuing the Decision:
Supreme Court of United States
of Facts: The case above
is identified to have risen due to discrimination imposed by the state against
the Negro race. It has been a matter of
concerned in the state considering the doctrine of separate but equal. This has
been seen to have affected the whole of public education since it was just one
of the six cases identified. It was a case that was taken to court by segregation
of white and colored children in public schools which was leading to the
detrimental effect upon the colored children hence creating inferiority of the
Negro group (Kadish, 2016). This was then considered giving a law the chance of
amending this pressing case.
History: According was
taken into account the case of segregation, there were several questions
presented as a point of reference. These questions included the factors that
can be used to determine equality, the basis used to come into racial
segregation amongst children from different backgrounds and the reason of
depriving children of the minority group of equal educational opportunities.
Due to this, the 14th amendment was used to guarantee the children who were
deprived equal protection full protection.
Court was able
to adopt various cases where public schools were developed giving a unique life
to the America as a nation. Hence, establishing and ensuring protection to all
Holding: the 14th
amendment was used to give the summary of the entire judgment giving plaintiffs
a reason for considering the concern of offering public education to the
minority group especially the Negro race.
reasoning used was based on various discussions from students and the
amendments. There was an exchange of views on matters of the school giving
every child an opportunity to identify their profession through studies
(Gabriel, 2016). This was then entailed in the amendment so as separate facts
with imaginations on racism. Therefore, every race had a right to acquire equal
and proper educational services regardless of the race.
The action of the Court: As far as the court was concerned, the
effects of the separation of the educational opportunities amongst the races
never made it feel compelled to rule against the Negro plaintiffs. The court
was not much involve but after all, equality came to be found, and all worked
accurately for the black people.