Florida State University Legal Issues in Physical Education Case Study

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Berger v. NCAA – this is the case.

The purpose of the case brief assignment is to give students an opportunity to analyze sports law cases that are relevant to class topics and to their own interests in sport management while reinforcing skills in legal analysis. Students who successfully complete this assignment will be able to read legal cases and spot legal issues, learn the rules of law, read judicial application and synthesize new rules of law, and determine how successful a litigant will be in certain legal topics.

Facts of the Case:
In this section it is necessary to briefly outline the timeline of events of the case.  What are the underlying facts of the case?  If the case is an appeal, what is the procedural history of the case (how did the lower courts rule)?

Issues:
What are the principal legal issues present in the case that the court must decide?  Please recall this is merely the yes/no question that addresses the legal issue in this case.  

Decisions (Holdings):
How did the court decide on each legal issue?  Similar to the issue, the decision is the answer to the yes/no legal question posed in the issues section. 

Reasoning (Rationale):
This section provides the court’s rationale in the above described decision.  Why did the court decide the way that they did on each issue?  How did the judges interpret the law on the issue and apply the law to the facts of the case?  What was some of the important precedent cases cited?  In keeping with a case brief, this section should only include the most important or pertinent reasonings for the described decision.  

Separate Opinions:
Are there any concurring or dissenting opinions by any of the other judges in the panel?  If so, what did they disagree with?
(Note:  If there are no concurring or dissenting opinions, you may simply put “N/A”)

Your Analysis:
Do you agree with the court’s decision and their rationale?  The answer to this should be much more than a surface level yes or no.  Instead, this section must demonstrate a clear understanding and subsequent analysis of the court’s decision.  How would you have decided this case?  Why is this case important for sport managers?  How does this outcome apply to the industry?