Explore BrainMass

Lee v. Weisman,

This content was STOLEN from BrainMass.com - View the original, and get the already-completed solution here!

Complete a case analysis. Read the following case and prepare a brief summary of the case.

Lee v. Weisman, 505 U.S. 577 (1992).

Format of the case analysis:

Case Name

Case Citation

Plaintiffs.List all plaintiffs and explain who they are and the positions they hold or reason they are a

Defendants List all defendants and explain who they are or what position they hold relevant to this

Date of Decision

Facts.These should be written in past tense, listing them in chronological order is helpful. Any
information you find may be relevant to the case. For example, information related to a
person's age, the event, the injury, the circumstances leading up to the injury, actions taken
by the plaintiff(s) or the defendant(s). Using your notes from throughout the class may also
help you decide upon important facts in your case.

Issue or Question(s) of Law. These are the main issues the court is attempting to answer. They are
usually stated in the form of a question.
Example: Did Mr. Doe owe a duty to John Smith for failing to provide safe equipment? If Mr. Doe
did breach this duty, did the breach directly cause John's ankle to be broken?
Another way of looking for issues in a case is by defining exactly what the court must decide.
Other issues may involve contracts, such as a waiver. An issue may revolve around the
validity of a waiver. Such an issue could be simply stated as: "Is the waiver signed by the
plaintiff valid?"Issues can also revolve around a law or statute, e.g., whether the Volunteer
Protection Act is applicable in the case.
Example: Does the Volunteer Protection Act apply in this case? (It is a question the court is trying
to resolve.)

Defense(s) used in this case and what information you found that shows this was a defense.
These should be actual defenses in the case. Sometimes, these are clearly stated as defenses, at
other times, you may need to peruse your list of defenses. Remember, too, that a law such as
the Volunteer Protection Act can be used as a defense. If a law applies in providing immunity,
for example, then this would be a defense.
List the defenses used and explain why/how they were used as defense.

Decision or Holding. Identify the decision(s) of the court in the following manner.
Sample decisions:
· For the plaintiff, reversed and remanded
· Summary judgment for the defendant
· Affirmed
No explanations are needed here. Just simply state the decision.
If you have an appealed case, state here all decisions made by each court.

Damages awarded, if any. Explain any monetary or other damages awarded by the court to the

Rationale. Summarize why the court made the decision that it made. Use your own words. You
must explain the rationale for each of the issues identified.

State your beliefs. In this section, explain whether you agree or disagree with the courtâ??s decision.
Use your notes to explain why you agree or disagree. Make your point(s) based on sound
rationale. Use your own words and not the wording of the court, so that I know you
understand the case. You are now applying and displaying what you have learned in class.

© BrainMass Inc. brainmass.com October 25, 2018, 4:59 am ad1c9bdddf

Solution Preview

Robert E. Lee, Individually and as Principal of Nathan Bishop Middle School, et al., Petitioners v. Daniel Weisman etc
Lee v. Weisman, 505 U.S. 577 (1992)
Robert E. Lee, Individually And As Principal Of
Nathan Bishop Middle School, Et Al
Daniel Weisman Etc
June 2, 1992.
Principals of the public middle and high school in Providence, Rhode Island were allowed to invite members of the clergy to give invocations and benedictions at the school's graduation ceremonies. Petitioner Lee the middle school principal invited a rabbi to offer such prayers at the graduation ceremony for Deborah Weisman's class. Deborah was among the graduates and ...

Solution Summary

Lee v. Weisman, is discussed in great detail in this solution.

See Also This Related BrainMass Solution

Constitutional Amendament to allow prayer back into the schools

In order to get prayer back into schools, with the U.S. Constitutional Amendment, what steps and stages need to be taken? I know the first step is to persuade a representative or Senator to introduce the bill, which give me two options to make a proposal. Both the Senate and House of Representatives each must have at least two-thirds of their members vote in favor of making the proposal in order for it to be considered. I am not sure of the next steps to take to gain endorsement. I have to include factions of the national political landscape that would support this proposal as well as those that would likely oppose this new law. I can find a lot of information on why opposing the amendment, not much on enforcing the amendment.

View Full Posting Details