Discuss how government officials, when acting

Write a case brief of 750-1,000 words by doing the following:Discuss how government officials, when acting within the scope of their official duties, could be either liable or immune for an alleged tort.Brief the case of Kirk v. Shawnee, you will examine in the context of federal tort claims act. Be certain you include all of the following components in your case brief:State the issue.State the rule of law.Analyze the facts of the case.Conclude by discussing what the court did.Reflection. Add a reflection on what happened in the selected case and how, as a public administrator/manager, you think this ruling would impact the work of the agency highlighted….e the “Briefing a Case” document to assist you in completing the assignment.Prepare this assignment according to the guidelines found in the APA Style Guide. Include any references both in-text, and a reference section at the conclusion of the brief. Briefing a CaseStudying the law requires reading and understanding court opinions written by judges andlawyers. This is referred to as the “case method.” Using the case method can be difficult fornonlawyers, causing confusion and wasting valuable time. Confusion and frustration can beavoided if reviewing a case is approached with a plan. Briefing a case is one way to understandthe point and create a summary of the case.To create a case brief, students should ask themselves a few basic questions every time theybegin reading a case. The following are general study questions for each case:1) Who are the parties? (Who is the plaintiff and who is the defendant? Or who is the petitionerand who is the respondent? Or who is the appellant and who is the appellee?)2) What are the facts of the case? (Who did what to whom? What is the behavior that led to thedispute?)3) Who (plaintiff or the defendant) won in the lower court(s)? Which party is appealing?4) What is the legal issue or issues being appealed?5) Did the plaintiff or defendant win on the appeal?6) What rules of law and reasoning did the appellate court use in deciding this issue? Case Brief FormatA case brief will include the answers to the questions above in a specific format (students shouldinclude the headers below for each section in their case brief):Case BriefThe PartiesIdentify the parties in the case. Which parties you choose from the list below depends on whetherthe case is a trial court decision (plaintiff v. defendant); an appellate court decision (appellant v.appellee); or a Supreme Court decision (petitioner v. respondent):The Plaintiff is __________, and the Defendant is _____________.The Appellant is _____________, and the Appellee is ______________.The Petitioner is ____________________, and the Respondent is ________________.For example, in Brown v. Board of Education:The Petitioner is Linda Brown, an African American third grader from Topeka, Kansas, who hadto walk 1 mile to a bus stop by walking through a railroad switching station and then wait for aschool bus to go to a “Black elementary school,” even though there was a “White elementaryschool” only seven blocks away. The Respondent is Board of Education of Topeka, which wasthe school board in charge of implementing the state laws regarding segregated education inKansas.The HeadingWrite the heading of the case, which is the official title that a court has given to the case, whichincludes the party names separated by “v.” (“versus,” meaning against); the volume of the Supreme Court Reporter or other court reporter, if not a Supreme Court case; the page number ofthe case in that reporter; and the date when the opinion was published.For example:Brown v. Board of Education of Topeka, 347 U.S. 483 (1954)Parties: Brown and Board of Education of TopekaVolume of Supreme Court Reporter: 347 U.S. (Note that Supreme Court Reporters canbe either “U.S.” or “S. Ct.”)Page Number in the Reporter: 483Year of Published Decision: 1954Procedural HistoryThis is some background on the procedural history of the case, meaning what happened in thedispute in lower courts before this court considered the matter.For example:The plaintiff lost at the trial court, then appealed to the appellate court. Include any otherinformation about what lower courts decided before this court received the case.The FactsWrite important facts here.The IssueIn this section, briefly explain what is at issue in this case.For example:The issue in Brown v. Board of Education was whether segregation of White and Black childrenin public schools on the basis of race pursuant to state laws denied Black children the equalprotection of the laws guaranteed by the Fourteenth Amendment of the U.S. Constitution andare, thus, unconstitutional.Or the issue of the case can be in the form of a question, as follows:Was the segregation of White and Black children in public schools on the basis of race pursuantto state laws unconstitutional? (As a denial of the Black childrens equal protection of the lawsguaranteed by the Fourteenth Amendment of the U.S. Constitution?)The HoldingThe holding of the case answers the question asked by the issue.For example:Yes, the U.S. Supreme Court decided that segregation of White and Black children in publicschools was a violation of equal protection under the Fourteenth Amendment, and, therefore,unconstitutional.Rule of LawIdentify the principle of law on which the Court is basing the resolution of the case. The rule oflaw could derive from a statute, case rule, regulation, or it may be a synthesis of prior holdings insimilar cases. The rule may be expressly stated in the opinion or it may be implied. Court’s ReasoningWrite an important reason here, with a citation to the page or paragraph of the case (if necessaryfor your reference).ReflectionAdd a reflection on what happened in the selected case and how, as a publicadministrator/manager, you think this ruling would impact the work of the agency highlighted.

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