Short Essays: There Will Be 5 Short Essay Questions Each Ess

Short Essays: There Will Be 5 Short Essay Questions Each Essay Will B

Short Essays: There will be 5 short essay questions. Each essay will be valued at 5 points for a total of 25 points. Your answers to the essay questions must be in the IRAC format (see below). The essays are to be completed outside of the classroom. They are individual assignments.

The essays are due no later than Monday, November 28, 2016 at 5:00 pm on Canvas; however you may turn your essays in any time throughout the term. The short essay questions are as follows found on pages (in parenthesis) in the text: · 3-6: arbitration - (pg. 77) · 5-6: establishment clause – (pg. 119) · 6-7: contracts (pg. 139) · 10-1: contract performance (pg. 239) · 12-2: defamation (pg. 302) P77↓ 3-7. Arbitration. Horton Automatics and the Industrial Division of the Communications Workers of America, the union that represented Horton^ workers, negotiated a collective bargaining agreement. If an employee's discharge for a workplace-rule violation was submitted to arbitration, the agreement limited the arbitrator to determining whether the rule was reasonable and whether the employee violated it.

When Horton discharged employee Ruben de la Garza, the union appealed to arbitration. The arbitrator found that de la Garza had violated a reasonable safety rule, but "was not totally convinced" that Horton should have treated the violation more seriously than other rule violations. The arbitrator ordered de la Garza reinstated. Can a court set aside this order? Explain. [Horton Automatics v. The Industrial Division of the Communications Workers of America, AFL-CIO, 2013 WL th Cir. 2013)] P71↓ P119↓ 5-6. BUSINESS CASE PROBLEM WITH SAMPLE ANSWER: Establishment Clause. Judge James DcWeese hung a poster in his court-room showing the Ten Commandments. The American Civil Liberties Union (ACLU) filed a suit, alleging that the poster violated the establishment clause.

DeWeese responded that his purpose was not to promote religion but to express his view about “warring†legal philosophies—moral relativism and moral absolutism. “our legal system is based on moral absolutes from divine law handed down by God through the Ten Commandments.†Does this poster violate the establishment clause? Why or why not? [American Civil Liberties Union of Ohio loundation, Inc.v. DeWeese, 633 F.3d 424 (6th Cir. 2011)] P112↓ P139↓ 6—7.

Arbitrary and Capricious Test. Michael Manin, an airline pilot, was twice convicted of disorderly conduct, a minor misdemeanor. To renew his flight certification with the National Transportation Safety Board (NTSB), Manin filed an application that asked him about his criminal history. He did not disclose his two convictions. When these came to light more than ten years later, Manin argued that he had not known that he was required to report convictions for minor misdemeanors.

The NTSB’s policy was to consider an applicant’s understanding of what information a question sought before determining whether an answer was false. But without explanation, the agency departed from this policy, refused to consider Manin’s argument, and revoked his certification. Was this action arbitrary or capricious? Explain. [Manin v. National Transportation Safet’ Board, 627 F.3d 1239 (D.C.Cir. 2011)] P125↓ P239↓ P223↓ P302↓ P291↓ IRAC is the method in which most courts write decisions. It was extremely helpful to me in law school. I also think it helps solve problems in other disciplines as well. It certainly helps students begin to learn logical thinking. I = Issue - What is the legal issue or question raised by the facts of a case.

Said in another way, what is the legal issue or question the court (you) are trying to answer? Often, the chapter question provides you with the legal issue. Sometimes, you should try to be more specific. For instance, some questions ask at the end: “How should the court decide this case?†Of course, that is the general question of every single case ever tried in court. It isn't specific enough.

Instead, a more specific way to state the issue might be, for instance, “Did the plaintiff breach the contract?†or “Is X Corporation liable for a defective product that injured a 3rd party?†Rule - State and explain or define the law or rule that applies to this case. You will have read the rule somewhere in the chapter. As an example: “Hearsay is testimony someone gives in court about a statement made by someone else who was not under oath at the time of the statement.†“Hearsay is not admissible as evidence.†In this section, you do not discuss the facts of the case - you just state the rule that would apply in any case involving this particular issue. Make sure you include an explanation of the rule - not just the name.

Application / Analysis Here you apply the rule you've identified above to the facts to reach a conclusion. Said another way, you analyze the facts according to the law to reach a conclusion. There are always two sides to each case. While sometimes one side has a much stronger argument than the other, and obviously the court will decide based on the strongest argument, that does not mean the other's argument is necessarily invalid. Assuming you've identified the correct issue and rule, your conclusion will usually not be “wrong†provided your analysis is logical.

The majority of the class may not subscribe to your conclusion; however, what I am looking for is whether you support your conclusion with sound reasoning. Conclusion - This can be a one sentence statement. Carrying forth with the example above: “the witness’ testimony was hearsay (for the reasons set forth in your application) therefore the court shall exclude it as inadmissible evidence.â€

Paper For Above instruction

Short Essays: Write five short essays, each addressing one of the specified topics, using the IRAC format (Issue, Rule, Application/Analysis, Conclusion) for each. You may complete these outside of class, and they are due no later than November 28, 2016, at 5:00 pm on Canvas. The topics are:

• Arbitration: Analyze whether a court can set aside an arbitrator's reinstatement order when the arbitrator found a violation of a reasonable safety rule but was unsure about the severity of the violation.
• Establishment Clause: Determine whether a poster of the Ten Commandments in a courtroom violates the establishment clause, considering the judge's intent and the context provided.
• Contract Law — Arbitrary and Capricious Standards: Evaluate whether the NTSB's revocation of an airline pilot’s certification, based on a departure from its usual policy without explanation, constitutes an arbitrary or capricious action.
• Contract Performance: (Not provided in the excerpt, would follow the same purpose for the specific question chosen)
• Defamation: (Not provided in the excerpt, would follow the same purpose for the specific question chosen)

  Use the IRAC method to analyze each scenario: identify the legal issue, state the relevant law, apply the law to the facts, and provide a reasoned conclusion. Be thorough and support each conclusion with appropriate reasoning, referencing relevant legal principles and case law.

  References

  • Horton Automatics v. The Industrial Division of the Communications Workers of America, AFL-CIO, 2013 WL.
  • American Civil Liberties Union of Ohio Foundation, Inc. v. DeWeese, 633 F.3d 424 (6th Cir. 2011).
  • Manin v. National Transportation Safety Board, 627 F.3d 1239 (D.C. Cir. 2011).
  • Textbook chapters and assigned pages as referenced in the questions.
  • Additional relevant legal texts and scholarly sources supporting IRAC analysis.