This is an essay assignment and will require a series of expository responses.
You are permitted to use only your notes from class and your textbook in answering these questions, and you are forbidden from consulting outside sources and reference materials – including the Internet and your classmates.
The first section of the assignment comprises (short) essay questions in the traditional sense; each question will require answers ranging in length, but certainly not to exceed a single typewritten page. Be sure to address the call of the question, and to answer each part of the question(s) asked.
The second section of the exam (the last two questions) is contains narrative fact patterns (law-school style questions), and requires lengthier answers. Read each question carefully and submit your answers in the order in which the questions appear on the examination. As each question progresses, it will implicate multiple areas of tort law (civil -- not criminal) claims arising from the fact pattern. Your job is to identify every possible legal issue and apply the law (spotting each issue, articulating the rule of law by discussing the elements of each claim in the context of burdens of proof, provide thoughtful analysis of the applicable facts to the rule of law, raising any legal defenses that might exist, and suggesting a likely outcome).
Note, this implicates the so-called "IRAC" method that we have discussed several times now -- I(ssue)-R(ule)-A(nalysis)-C(onclusion). For each part of each question, you should note the facts in the question that apply to the legal issue and rule of law implicated, break it down to the elements, apply the relevant facts to the rule of law, and draw a legal conclusion (essentially, who wins and why?). It's not uncommon to have multiple IRAC-style analyses in the same answer where the fact pattern triggers multiple legal questions/issues.
To the extent that a question implicates one of the statutes or cases that we have studied (in class, or from the text) cite the relevant sources and explain how each applies to the facts of the question. (An answer that fails to cite and analyze relevant sources, as well as highlight the elements of any common-law or statutory claim is incomplete and will not receive full credit.) If you believe that additional facts are needed to answer a question fully, note exactly what additional facts/information you need and how they would affect your answer; if you observe that a question is ambiguous, it likely is drafted that way intentionally and you should note the ambiguity and how it affects your answer, addressing multiple possible solutions to the question where appropriate. Good luck!
QUESTION 1
* Identify and explain each of the four primary sources of modern United States law. What role does precedent (and/or stare decisis) play? (Chapters 1,4)
QUESTION 2
* Various agencies have great effects on global business, and operate under the umbrella of the United Nation.
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This is an essay assignment and will require a series of expository .docx
1. This is an essay assignment and will require a series of
expository responses.
You are permitted to use only your notes from class and your
textbook in answering these questions, and you are forbidden
from consulting outside sources and reference materials –
including the Internet and your classmates.
The first section of the assignment comprises (short) essay
questions in the traditional sense; each question will require
answers ranging in length, but certainly not to exceed a single
typewritten page. Be sure to address the call of the question,
and to answer each part of the question(s) asked.
The second section of the exam (the last two questions) is
contains narrative fact patterns (law-school style questions),
and requires lengthier answers. Read each question carefully
and submit your answers in the order in which the questions
appear on the examination. As each question progresses, it will
implicate multiple areas of tort law (civil -- not criminal) claims
arising from the fact pattern. Your job is to identify every
possible legal issue and apply the law (spotting each issue,
articulating the rule of law by discussing the elements of each
claim in the context of burdens of proof, provide thoughtful
analysis of the applicable facts to the rule of law, raising any
legal defenses that might exist, and suggesting a likely
outcome).
Note, this implicates the so-called "IRAC" method that we have
discussed several times now -- I(ssue)-R(ule)-A(nalysis)-
C(onclusion). For each part of each question, you should note
the facts in the question that apply to the legal issue and rule of
law implicated, break it down to the elements, apply the
relevant facts to the rule of law, and draw a legal conclusion
2. (essentially, who wins and why?). It's not uncommon to have
multiple IRAC-style analyses in the same answer where the fact
pattern triggers multiple legal questions/issues.
To the extent that a question implicates one of the statutes or
cases that we have studied (in class, or from the text) cite the
relevant sources and explain how each applies to the facts of the
question. (An answer that fails to cite and analyze relevant
sources, as well as highlight the elements of any common-law
or statutory claim is incomplete and will not receive full credit.)
If you believe that additional facts are needed to answer a
question fully, note exactly what additional facts/information
you need and how they would affect your answer; if you
observe that a question is ambiguous, it likely is drafted that
way intentionally and you should note the ambiguity and how it
affects your answer, addressing multiple possible solutions to
the question where appropriate. Good luck!
QUESTION 1
* Identify and explain each of the four primary sources of
modern United States law. What role does precedent (and/or
stare decisis) play? (Chapters 1,4)
QUESTION 2
* Various agencies have great effects on global business, and
operate under the umbrella of the United Nations. Identify and
describe these organizations and their purposes. Additionally,
define and describe the WTO, and briefly discuss how it
relates/compares to the United Nations agencies. (Chapter 3).
QUESTION 3
* Identify one consumer product (any item bought and sold) that
3. you believe should be, or could be the subject of a products-
liability negligence lawsuit, and explain why you believe a
lawsuit is appropriate. Identify your would-be defendant(s) and
describe the civil (not criminal) litigation process with respect
to your lawsuit from the Plaintiff’s perspective (you are the
lawyer filing the lawsuit). You should briefly discuss each of
the stages of the civil litigation process from the filing of the
complaint, any exchange of information among the parties and
what kinds of information you might be seeking (including the
legal tools that lawyers have to uncover any missing facts), the
resolution of some issues prior to trial, the trial phase where
you prove the elements of the counts of the complaint, and the
possibility of challenging the trial court’s decision if you are
unsuccessful. Are there any ethical considerations for the
business here, in terms of corporate social responsibility? What,
if any, alternatives to litigation/trial might exist for the parties?
(Chapters 2, 6, 9)
QUESTION 4
* Eric Schmidt, former CEO of Google, once wrote: “The
communication technologies we use today are invasive by
design, collecting our photos, comments, and friends into giant
databases that are searchable and, in the absence of outside
regulation, fair game for employers, university admissions
personnel, and town gossips. We are what we tweet.” Is this a
problem? How can the law address the issues raised in
Schmidt’s statement? What law applies to issues of privacy, and
how? Are there Constitutional implications? (Chapter 10)
QUESTION 5
* Radley Utschman is a baseball player for a local minor league
baseball team, the Salisbury Seagulls. Utschman formerly
played college baseball for a state university on the west coast,
performed well, and was selected first overall in the June 2019
4. Professional Baseball League amateur draft. Recently,
Utschman’s Seagulls played for the league championship. With
the Seagulls suffering a 1-0 defeat in 10 innings in their final
game of the season, Utschman had zero hits in five plate
appearances, failed to reach base even once in the game,
committed two errors defensively, and struck out looking as his
team’s last out. In the next day's edition of the Salisbury Free
Press newspaper, sportswriter Danny Dennison wrote the
following in his column for the paper: “Utschman looked the
part of someone throwing the game, if not the entire series. The
Seagulls should waste no more time with this cheater, the club
should release him outright, he should be fined by the league
and forced to return his [$8.1 million] signing bonus, and he
should be banned from the sport of baseball for the rest of his
life." Naturally, the message has caused Utschman immense
grief as fans turn against him, and he now seeks your advice as
to what legal action, if any, he may take. Under what theory or
theories, if any, might Utschman bring a civil lawsuit against
Danny and/or the paper? What defense or defenses might exist,
and what is the likely result? Discuss thoroughly, including all
possible tort law implications.
QUESTION 6
* Bobby, sixteen years of age, was suspended from school for
punching his teacher in the face after he was corrected for
getting out of his seat during English class. During several
disciplinary meetings, the school principal told Bobby’s parents
that, in the opinion of the school therapist, Bobby should be
admitted to a facility where he could be treated for his anger
problem; the principal gave the parents a copy of the school
psychologist’s report, which stated unequivocally that without
proper treatment, Bobby’s behavior indicated a high risk for
future harm to others. During the disciplinary meetings,
Bobby’s parents admitted they had known about his anger
problem for about a year, but that Bobby had gone untreated
5. because they did not want Bobby to have to take medicine.
Instead of seeking treatment, Bobby’s parents sent Bobby to
stay with his uncle Don during his 30-day suspension from
school. On his first day at Uncle Don’s, Bobby waited for Don
to leave for work and took the keys to Don’s second car – a
Chevy Corvette – that were hanging on a key hook in Don’s
kitchen. Bobby opened the garage door, dropped the ‘Vette into
gear, and tore off toward the street, cutting across the front
lawn of Peter (Don’s next door neighbor), the Corvette’s rear
wheels spinning, tearing two distinct lines the entire way to the
street. After a solid half hour of joyriding, Bobby realized
that he was hungry. Bobby pulled the Corvette up outside of a
7-Eleven store and ran into the store. Inside of the store, Bobby
grabbed two bags of chips, a bottle of soda, and some beef
jerky, exited the store without paying, and ran back to the
Corvette. Anxious to get away, Bobby threw the food/drink into
the passenger seat, started the car up, and took off out of the
parking at a high rate of speed. Bobby was too busy looking
into his rear-view mirror to see if he’d been caught leaving the
7-Eleven and didn’t see Paula stopped at a red light a few
blocks up the road until it was too late; Bobby hit the brakes,
but skidded into the back of Paula’s Prius. Paula was reaching
forward to adjust her radio as her Prius lurched forward, her
head snapping backward into her headrest. Livid, Bobby got out
of the Corvette and approached Paula. “Can’t you [expletive]
drive?!?!” Bobby opened Paula’s door and started to attempt to
pull her out of her car, threatening her all the while. The entire
incident was captured on two cameras -- (1) a police "blue
light" pole camera on top of the intersection that rotates around
the intersection (and can be physically monitored/operated by
police, or set to slowly pan the intersection and record what's
happening in 24-hour cycles), and (2) a private closed-circuit
video camera attached to a nearby business. Once things have
calmed down, all parties also get out their cell phones, apropos
of any 2020 incident, and take photos/videos of the scene and
one another. Penny was driving the third car to arrive at the
6. intersection, and she arrived just as Bobby got out of the
Corvette. Penny watched Bobby run up to Paula’s car,
screaming and yelling, and immediately feared for Paula’s
wellbeing. Penny, a second-degree black belt, ran up to Bobby
and grabbed him; Bobby threw a punch at Penny, but missed
and hit Paula instead. Paula fell to the ground. Paula was
transported to the hospital, where she was diagnosed with
severe whiplash and a concussion. Paula missed nine months of
work following the accident, underwent six months of physical
therapy, and her car was totaled. While she is recovering, Paula
gets copies of the police blue-light camera video and the closed-
circuit video so that she can use them in court. Under what
civil law theories (note, not criminal law), if any, might various
people bring an action against Don? Under what theories, if
any, might various people bring an action against Bobby?
Bobby’s parents? What causes of action, if any, might the
various players have against what parties? Other than these, are
there any other potential defendants? Here again, discuss
thoroughly each and every tort law implication. Are there any
privacy law issues at play?