Instructions for Papers Based on FTC Complaints or Cases

 

Here is the outline for your writing the case briefs for your two papers.  Overall, write 6-7 pages for each paper, using normal margins.  Make sure that you use paragraphs effectively to demark your discussion. 

 

With these instructions, I have attached three files with cases from which you can choose the case for your first paper from Section 2 on False and Misleading Advertising.  I will also provide some topics from Section 3 on Product Liability, and also Sections 4 and 5 on Automobile and Product Safety.  There will be more than enough cases so that each of you can have your own case. 

 

(1)  Facts of the Case  (1-2 pages):  The case is likely to arise from a complaint by the FTC against a corporation and there will be a hearing before an Administrative Law Judge (ALJ).  Alternatively, the case could arise from a consumer or class of consumers suing the corporation.  Who is the corporate defendant?  What feature of the advertising campaign by the defendant is at issue? 

 

(2)  Legal History of the Case (1-2 pages):  If the case had an ALJ hearing (or trial in Federal District Court) and Commission Decision, then you can discuss those decisions.  What did the ALJ (or District Court Judge) decide about whether the advertising campaign violated Section 5?  Why?  If the ALJ (or Judge) decided that the advertising campaign violated Section 5, what did the ALJ (or Judge) recommend for the remedy (order)?  Did the Commission agree with the ALJ decision on a violation of Section 5?  Did the Commission modify the remedy?  Why or why not?  If the case was appealed to a Circuit Court of Appeals, what did the Circuit Court decide and why?  If corporate defendant settled the case with the FTC, what was the settlement.

 

(3)  Legal Issues and Arguments by the Parties (1-2 pages):  What law or legal precedents (prior cases) does the corporate defendant use to argue that it did not violate Section 5 or should not be subject to an order?  What is the response of the ALJ, FTC, or the District Court Judge to those arguments?  In order words, what were the legal arguments on both sides of the case? 

 

(4)  Relevance to Cases Discussed in Class (1-2 pages):  What is the relevance or connection to one (or more) of the cases that we discussed in class?  Most of the cases that I listed for paper topics were decided after the cases that we discussed in class.  So discuss whether your case followed the ruling and legal logic of one of the cases discussed in class, or over-ruled that case.

 

(5)  Learned and Enjoyed (1 page):  What did you learn from your research for this paper?  What did you most enjoy about doing this research and writing your paper?


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