BUL 4602 Hospital v Manlove and Helling
Order ID |
53563633773 |
Type |
Essay |
Writer Level |
Masters |
Style |
APA |
Sources/References |
4 |
Perfect Number of Pages to Order |
5-10 Pages |
Description/Paper Instructions
BUL 4602 Hospital v Manlove and Helling
Module 4: Case Briefs
- 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
CASE NAME
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?
- 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)
RUBRIC
QUALITY OF RESPONSE |
NO RESPONSE |
POOR / UNSATISFACTORY |
SATISFACTORY |
GOOD |
EXCELLENT |
Content (worth a maximum of 50% of the total points) |
Zero points: Student failed to submit the final paper. |
20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. |
30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. |
40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. |
50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. |
Use of Sources (worth a maximum of 20% of the total points). |
Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. |
5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. |
10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. |
15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. |
20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. |
Grammar (worth maximum of 20% of total points) |
Zero points: Student failed to submit the final paper. |
5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors |
10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors |
15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. |
20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. |
Structure of the Paper (worth 10% of total points) |
Zero points: Student failed to submit the final paper. |
3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. |
5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper |
7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. |
10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. |
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