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Legal Abstracts – Instructions
A sample legal abstract is posted in Blackboard. Use the sample as your template.
Make sure that your case or controversy is current — within the last 6 months — because older cases or controversies are often misleading or not relevant because of subsequent legal developments. Cases can be overturned; statutes or regulations can be amended or repealed.
The abstract is a summary of the author’s article in the words of the student. Abstracts submitted containing the original article’s text in full or part will not receive full credit. Your abstract should reflect a summary in your own words of the material in the article you are discussing.
Abstract topics should address current legal issues, controversies, cases or developments affecting cybersecurity law as we examine it in this course. For further guidance on topics, consider the subjects covered in each of the class modules. Articles may be chosen from technical journals or websites, legal journals or websites, or general news or information sites.
To restate, the timeliness of your selected case, controversy or issue is crucial, because an article about a case that has subsequently been overturned or a law that has been amended or repealed not only does not keep you properly informed on current legal issues, it may actually provide incorrect information that can negatively impact your decision making when analyzing potential legal issues.
Each abstract must contain the following headings:
Facts of the dispute
The background of the case or controversy.
In a criminal case, the Plaintiff is the State or the appropriate governmental entity. What legal wrong does the plaintiff claim that the defendant committed?
How has the defendant answered? In the early stages of litigation, the defendant may not have answered the complaint.
Applicable law (i.e. statute, regulation, treaty)
Usually, the applicable law is mentioned in the article. If not, try to determine which law or laws apply.
Issue of law
This is the legal question that is the foundation of the case. Courts rule on an issue of law by interpreting the law as applied to the facts of the case.
Holding (if an adjudicatory body has rendered a decision)
This is the ruling that a court issues after it applies the law to the facts of the case. If a case is still ongoing, the court may not have issued a holding.
Impact on IT
Finally, include your evaluation of the possible impact on cybersecurity in the enterprise of the particular legal issues in the article under the following heading. Here is where you get to apply your knowledge and skills as an IT professional. If you can find additional commentary on the case or controversy discussed, include it here.
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