Context plays a vital role in any legal decision. The existence or nonexistence of certain events directly affects the court’s verdict. In Case 9-4, the court applies the strictures of the FSIA to the specific facts of the case. If certain facts exist, the federal statute protects the plaintiff, and the court should appropriately reject the defendant’s motion to dismiss. Otherwise, the CBN is immune, and the statute does not protect the plaintiff. Understanding the facts is the starting point for legal analysis. The following questions encourage you to consider the significance of the facts in Case 9-4.
1. What facts are critical in the court’s ruling in favor of the plaintiff? Clue: Reread the introductory paragraph.
2. Look at the facts you found. To illustrate the importance of context, which fact, if it had not been included in the case, might have resulted in the court’s granting the defendant’s motion to dismiss? Clue: Find the elements of the federal statute that the judge discusses and use these elements as a guide to highlight the most significant facts.
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