Uidelines for You are the Judge Papers

These are the guidelines for the You Are the Judge papers.

Remember that each paper is worth up to 100 points and the information can come from any portion of the textbook, not just your currently assigned reading.

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The minimum length of the papers will be three double?spaced pages.

The maximum length of the papers will be seven double?spaced pages.

The required three papers will be prepared by the student using the following format (any other formats will not be accepted for credit):

Legal Issues. State the legal issue(s) involved in this dispute as short legal questions in your first paragraph.

Plaintiff’s Arguments. What facts and legal rules support the Plaintiff’s (the one suing) arguments? (second paragraph)

Defendant’s Arguments. What facts and legal rules support the Defendant’s arguments? (third paragraph)

My Decision as the Judge. “You be the Judge”, who should prevail (win the case) and what legal rules control in this type of dispute, based on “these given facts”? (fourth and fifth paragraphs)

My Own Opinion. Do you think the legal rules that currently apply are fair and reasonable, or should they be changed; explain your reasoning? (sixth paragraph)

All legal rules, whether case law, common law, or statutory law cited in your discussions must be taken from somewhere in your class textbook materials. You should cite the page number or other reference to your textbook materials. You may cite some outside material but the main points should be on topics mentioned in the textbook. (We don’t want to see papers citing the Tasmanian Agricultural Statutes or their equivalent.) Choose a topic for your paper from the following case scenarios (the same five options will be presented to you each time.

Choose a different one each time). The papers will demonstrate your knowledge of the legal issues and legal reasoning. Grammar and spelling will be considered in the grading. At the beginning of your answer, note which case example you are using.

Case Example A: Elaine has sued Jerry because Jerry fired her. Elaine was on the job for two months. The job offer letter that Jerry had sent her mentioned the great career opportunities at the company and stated that her annual salary would be $30,000. The company is an employment?at?will employer. Elaine was given no reason for the termination. After the

termination, Jerry hired a man named Kramer, who had less job experience and education than Elaine, for the position. Elaine has sued to get her job back.

Case Example B: XYZ Counseling Agency, a Limited Liability Company, hired Chuck as an anger management counselor. Two months ago during a counseling session with a client named Wilbur, Chuck became very angry at Wilbur’s failure to improve and beat up Wilbur. A week earlier, XYZ Counseling had counseled Chuck about an incident in which he grabbed a client by the arm and shook him. XYZ Counseling has a specific policy against violence and has disciplined employees who violate it but it has never terminated anyone for such conduct. Five years ago, Chuck was fired by another counseling firm after he hit a client. Wilbur has sued XYZ Counseling Agency.

Case Example C: Cy Burnett works as a computer technician for HawkaWawka Inc., a large software firm in a southwestern state. A couple of months after Cy was hired, his boss handed him a non?compete agreement in which Cy agreed that if he left the firm, he would not compete with the firm or work for any of its competitors within that industry and city for two years.

Surprised by the restrictions, but not wanting to jeopardize his new employment, Cy signed the agreement. After working at the firm for three years, attending a lot of expensive training workshops, and accumulating a large amount of knowledge about the business and its customers, Cy decided to follow his dream and start his own firm, one which happens to design software in a market which indirectly overlaps with some products that HawkaWawka Inc Inc. is phasing out. Cy thinks his firm will be so small, it won’t really be in the same league with the larger outfits and he’s hoping to get “some of the crumbs they ignore or brush off the table.”

Although he doesn’t intend to solicit his old customers, Cy is certain that once word gets around, some of his business contacts from HawkaWawka Inc Inc. will find their way to his door, if only because he’s a personable guy. He’s also made a name for himself by speaking at conferences of several of the professional associations in his field. Cy gave his boss ample notice of his resignation. He has rented an office thirty miles away from HawkaWawka Inc Inc., just across the city line but in a suburb of the same metropolitan area. He was hoping to have his new business up and running within days of his departure but, on his final day at the company, his boss dropped by the farewell party, ate a cookie, and said, “Don’t forget to honor that non?compete agreement!” The boss then stifled a sob, gave Cy a big hug, and left.

Cy started his new business the following week and within the month HawkaWawka Inc Inc. sued to have the non?compete agreement enforced.

Case Example D: Zoom Car Company manufactures automobiles. Among the many extra features it offers its customers is a compass on the dashboard. The compass is made by Corrigan Rulers, Compasses and Slide Rules, Inc. and installed by Zoom Car Company. Daniel Boone bought a car from Zoom that had a dashboard compass. Unfortunately, the compass was faulty and, as a result, one night Daniel got lost and drove into a high crime area where he was dragged from his car and severely beaten. He has sued Zoom for his medical costs.

Case Example E: Brigitte Godot was an extremely successful sales representative for International Widgets, Inc. Her business card read, “Sales Wizard,” which reflected the light?hearted work climate of a company in which the Chief Executive Officer’s card reads “Incredibly Brilliant Leader.” One month ago, she persuaded P.A. Kettle to buy $20,000 in widgets for his construction company by telling him that if he made the deal within 24 hours, he’d get a free trip to Paris. The written agreement that P.A. later signed, however, said nothing about any free trip and, after repeated phone calls, all P.A. could get from Brigitte ? aside from the widgets ? was a bus ticket to Paris, Texas. International Widgets, Inc. learned of the situation and fired Brigitte but it has refused to pay Mr. Kettle anything regarding the trip. P.A. Kettle is suing International Widgets, Inc. for breach of contract.


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