case review

Step 5: A week has passed since you first spoke to the VP, and you now have one case review under your belt. Feeling a bit more confident, you open The White Arch Casino case file, already thinking ahead about the memo you will write for the VP. In the next step, you will gather the information you need to write the memo. Step 6: After reading the file, you realize that in order to formulate a sound response to the VP’s questions, you will need to review a number of specific foundational issues involving legal contracts, including the following: • What laws govern contracts? • What are the elements of a legal contract? • What form can or must a contract take? • Can a contract be modified? • What are the methods of discharging a contract? • Find answers to these questions about contract formation and execution and also look into possible contract remedies for when a breach of contract occurs. As you read, be sure to record your thoughts pertaining to the case and note the places in the readings that prompted your thoughts. After you have refreshed your understanding of contract law generally, you should supplement that understanding by doing legal research on specific laws related to contracts in Nevada and Delaware. Again, make sure to take notes as you read. Good notes will help you write your memo. Step 7: You are concerned about the question of Sal Pending’s role in this situation with Enoch Thompson. More specifically, you wonder whether Pending had the authority to make the promise he made (or any promises) to Thompson. Review the legal responsibilities of agents and employees to help formulate your answer. You should also review ethical business decision making, as it pertains to keeping promises in business situations. In the next step, you will use what you have learned to create an outline that will prepare you to write the memo. Step 8: You’ve finished your research. You’ve reflected on how the facts and the law come together in this situation. You’ve analyzed the possible arguments and determined which seem most reasonable, all things considered. Now it is time to formulate them, making sure to address all the concerns that your VP expressed to you when you met. Outline the memo that you will draft for your VP. Review your outline to make certain it covers all relevant points and progresses in a logical order. After you finish your outline, if you have time, give yourself one night of sleep before you begin the next step, in which you will write the memo. Fresh eyes might help you see points that need revision Step 9: First, review how to write a memo. Once you have a sense of memos in general, use your outline and research notes to prepare your memo for the VP. Be sure to meet the following requirements: Format your memo including APA-formatted in-text citations and an APA-formatted reference list (do not format the body of the memo using APA style, just the reference list). See references and citations for details. Include a specific recommendation on what action, if any, the VP should take based on your analysis and conclusions. Support your conclusion with references to legal principles and laws. The memo should be no more than 10 pages (double spaced, 12-point font; the reference list does not count towards page limit). Title your file using this protocol: yourlastname_WhiteArchCasinoMemo_date. You should try to have your White Arch Casino memo complete by the end of Week 3. In the next step, you will begin work on the final case from the VP: Big Brain Solutions Step 10: You have made recommendations on two cases so far and have one more case to go. After setting aside a few hours to work, you open the Big Brain Solutions case file. In the next step, you will gather the information you need to write a memo for the VP about this case. Step 11: While you have some general awareness of the fact that there are means of alternative dispute resolution, you realize that you need to know a lot more about this subject before you can attempt to respond to the VP’s questions. Some of the topics you should review include the following: • What general procedures or rules govern a typical arbitration proceeding? • Can a company force an employee to use arbitration (instead of a lawsuit) to settle an employment-related dispute because of a contract provision? • Are there times when an arbitration clause might be invalid or unenforceable against an employee? • What effect do claims based on specific federal or state laws have on arbitration provisions in employment contracts? Based on the answers to the above questions and your review of the employment law material, what will the likely outcome be in Liz’s case? In Ralph’s? In the next step, you will use the information gathered in this step to create an outline that will prepare you to write the memo. Step 12: You’ve finished your research. You’ve reflected on how the facts and the law come together in this situation. You’ve analyzed the possible arguments and determined reasonable conclusions to the questions you’ve asked yourself. Now it’s time to outline your memo. Review your outline to make certain it covers all relevant points and progresses in a logical order. Identify the major points you want to make and be sure that you have adequately covered all the relevant arguments or reasons needed to support them. In the next step, you will use your outline to create a memo for the VP. Step 13: Using your outline and research notes, write a memo for the VP. Be sure to meet the following requirements: Format your memo following the example linked above, including APA-formatted in-text citations and an APA-formatted reference list (do not format the body of the memo using APA style, just the reference list). See references and citations for details. Include a specific recommendation on what action, if any, the VP should take based on your analysis and conclusions. Support your conclusion with references to legal principles and laws. The memo should be no more than 10 pages (double spaced, 12-point font; the reference list does not count towards page limit).