Module 4: Case Briefs
1. For this assignment, you will complete a full APA paper covering tort law case analysis.
Lawyers approach legal issues with structured, thorough analysis. To learn health law material, it is helpful to apply a similar approach. The standard approach for legal analysis is called IRAC (Links to an external site.), for:
- ISSUE 2) RULE 3) ANALYSIS 4) CONCLUSION
It is helpful to apply this approach in analyzing a case. Focusing on the analysis of a particular case is called “briefing” the case. In doing a brief, you should do the following.
- Identify significant legal issue(s) in the case.
- For each issue, identify the legal rule that is relevant for that issue
- Use the legal rule to then analyze the facts of the case.
- In analyzing, break the rule down into different requirements.
- Address each requirement of that legal rule.
- Use a relevant fact to analyze each requirement.
- Then, connect the facts to the rule with an appropriate explanation.
- Finally, make a reasonable conclusion based on your analysis?
In analyzing a particular case, one recommended format is the following:
FORMAT FOR BRIEFING CASES
- FACTS: RELEVANT FACTUAL CIRCUMSTANCES OF CASE PROCEDURAL HISTORY
- ISSUE(S): LEGAL QUESTIONS THAT COURT IS RESOLVING
- DECISION: DECISION OF COURT ON ISSUE(S) RESOLUTION OF CASE
- REASONS: RATIONALE FOR DECIDING THE CASE INCLUDE RULE PLUS ANALYSIS LEADING TO CONCLUSION
- MANAGERIAL IMPLICATIONS: SIGNIFICANCE OF LAW/CASE TO BUSINESS AND ADMINISTRATION
- How does this case apply to work as a healthcare administrator?
- How does this case and its outcome apply to work as a manager in a healthcare facility?
This format uses the IRAC structure, but it also has
(A) a compilation of relevant facts at the beginning,
(B) the decision of the court whose opinion you are reading, and
(C) managerial implications.
By listing the relevant facts, you will start to think about what seems to be the important facets of the case. This list of facts can be helpful later when you are doing your analysis, because reviewing these facts can sometimes help you develop your analysis: when you get stuck on what to do next in your analysis, look back at the facts, and see if one of those facts can help you get started again. The issue is the starting place of your analysis, and the decision is a possible end (in writing your brief, you do not always have to agree with the decision of the court). Knowing the start and end can also help you sometimes in doing the analysis. Finally, when you are done with the legal analysis, you should step back and ask yourself, what does this all mean for you as a health care executive or administrator?
2. Perform an IRAC analysis and case briefs on the following cases
Wilmington General Hospital v. Manlove
Helling v. Carey
- Utilize the APA reference guidelines tab in your table of content.
- Check your page headings and numbers
- Check your margins
- Proofread and spell check (twice)