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Assignment - Brief a case: FDIC v. Indymac CEO

To start this assignment, please read the FDIC v. Indymac CEO case. A link to the pdf is located just below the link to this assignment.o receive full credit, both parts need to be completed. I do not assign teams or groups. It is your responsibility to reach out, with sufficient time, to allow one of your classmates to review a draft of your brief and vice versa. If you absolutely cannot find a fellow student to work with, then I will allow you to evaluate your own brief, however, I highly suggested that you ask a peer to review it as we often do not catch inconsistencies in our own writing. For the facts section, include the story that led to Matthew Perry being sued. Include why he was sued, his role at Indymac, etc. Don't write about the trial or the appeal in this section. For the procedural history section, please tell me what has happened from only a procedural perspective (i.e. case was filed, any motions that were filed). Be sure to recognize that I have asked you to brief an order denying a motion so this section would be where you would discuss the fact that this motion was filed. For the issue, you need to identify what issue(s) the court is being asked to answer and the issue(s) need to be stated in the form of a question. Since we aren’t dealing with an appeal in this case, we are asking whether or not there should be liability and, if so, under what theory. This is often the hardest part of the assignment because it determines the remaining sections of the brief. It is even more confusing when you have a main issue and sub-issues. I’m going to help you out by identifying that the main issue is contained in the second paragraph of the factual background section. The sub-issue is located in the discussion section. Feel free to label the main issue as issue A and the sub-issue as issue B to help keep it organized. In the reasoning section, you will start by identifying the rules that apply to each issue, including sub-issues and, then, apply the facts of this case to the rule for that issue. For example, if I was a plaintiff suing a defendant for negligence, I would start by saying that negligence is a cause of action where a defendant will be held liable if a plaintiff proves defendant owed plaintiff a duty, defendant breached that duty, the plaintiff suffered damages and the damages were caused by defendant breaching their duty to plaintiff. I would then go on to apply the facts of the case to the rule. In my negligence example, I would say, in this case defendant was negligent for the following reasons: as plaintiff’s doctor, defendant owed plaintiff a duty of care; by leaving a pair or scissors in plaintiff after operating on plaintiff, defendant breached his duty of care; plaintiff had to undergo another operation and incurred additional medical bills; and plaintiff suffered damages as a result of defendant’s breach of their duty. Your conclusion is the part of the brief where you answer your issue. In my negligence example, I would say “Defendant is liable to plaintiff on negligence cause of action.” Overall Suggestions: Use a heading to identify your categories (i.e. Case Title, Facts, Procedural History, Issues, Reasoning, Conclusion) With the exception of the case title, please write the information in sentence form and avoid using bullet points. Do not quote If you are uploading a word document, include your name on it. I download all submissions and it is much easier if I don’t have to research whose brief is it. Do not cite any other cases in your brief. The only legal authority you may need is when stating the rule(s) in the procedural history section.
To start this assignment, please read the FDIC v. Indymac CEO case. A link to the pdf is located just below the link to this assignment.o receive full credit, both parts need to be completed. I do not assign teams or groups. It is your responsibility to reach out, with sufficient time, to allow one of your classmates to review a draft of your brief and vice versa.
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Assignment ID
52650
Discipline
Type
CREATED ON
October 22, 2016
COMPLETED ON
October 24, 2016
Price
$40
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