Law Assignment, Legal Environment of Business. What courts could the restaurant file a lawsuit in? Why? As the lawyer for the restaurant, what court would you file the lawsuit in? Why? As the vendor’s lawyer, what court would you want to defend the lawsuit in? Why

Question #1 (5 points)

A Colorado restaurant enters into a contract with a vendor from Wyoming for restaurant supplies, including plates, napkins, cups, and disposable utensils. The vendor failed to deliver supplies under the contract for over 30 days, causing approximately $100,000 in damages to its business.

What courts could the restaurant file a lawsuit in? Why?
As the lawyer for the restaurant, what court would you file the lawsuit in? Why?
As the vendor’s lawyer, what court would you want to defend the lawsuit in? Why?

Question #2 (10 points)

Watch the “How to Read a Case” video and complete a case summary on Rosenberg v. Harwood. A copy of the court opinion is in the US Courts and Legal Process Module in the Content Tab. You can also find a model case summary there as well.

A judicial opinion is the decision of one or more judges giving the solution to a legal problem. The solution of every legal problem involves five elements:

The problem exists in a specific factual context.
The problem revolves around one or more legal issues or questions.
The problem’s solutions or resolution hinges on one or more rules of law.
The problem must be analyzed using the law and the facts.
A solution of the problem is provided in the form of a legal conclusion answering the question raised.

Lawsuits are not decided in a vacuum. Not only do they involve legal issues, they also involve business, ethical, and public policy issues. A case summary is simply an explanation of a judicial opinion in “plain English.” It explains what happened in the case, what the judges decided and why, and what legal, business, ethical, and public policy issues are involved. A case summary should have the following format:

Case Citation

Name v. Name, official citation (Court Year)

Facts:

This section explains what happened before the lawsuit was filed. What is the problem that the parties can’t resolve on their own?

Procedure:

This section covers what happened from the time the lawsuit was filed until the Court issues its opinion.

What type of motion is the court considering (i.e. motion for summary judgment, appeal of a trial, etc.)? If it’s an appeal, who won in the trial court?

Issue(s):

What legal problem(s) is the Court solving?

Analysis:

What is the rule of law that the Court is applying in this case? How did the Court reach its decision?

Conclusion:

What is the Court’s decision? Who won?

Business Issue(s):

What business issues are involved in the case? (Note: They may not be directly stated by the Court.)

Ethical Issue(s):

What ethical issues are involved in the case? (Note: They may not be directly stated by the Court.)

Public Policy Issue(s):

What public policy issues are involved in the case? Public policy is the government’s goals related to the health and well-being of its citizens. (Note: They may not be directly stated by the Court.)

Do you think the case was rightly decided? Why or why not?

I recommend reading the case once to understand the context and major issues. Then read it a second time to identify materials relevant to writing the case summary. After you write your summary, let it sit for a while then come back and edit and rewrite sections that aren’t clear.

Please label the sections of the case summary with the appropriate heading. You can even use this Word document as a template. Remove the extraneous information and answer the questions under the appropriate heading to save you time formatting a new document.

Extra Credit (5 points)

A Saudi Arabian company contracts with a US oil and gas company to extract and refine crude oil in Saudi Arabia. The companies disagree about whether fees the Saudi Arabian company is charging the US company are valid under their contract. Their contract was signed in Saudi Arabia and says that Saudi Arabian law applies to any disputes.

If the US company sues the Saudi Arabian company in US federal court, what law will the court apply? Why?

Does the US court have jurisdiction over the dispute? Over the parties? Why or why not?