Family matters are generally deemed private, however, there are times when society deems it important to intervene. Describe examples of this societal intervention and discuss whether you believe it is important or necessary, and why (or why not)?

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Law Argumentative Essay

QUESTION

Family matters are generally deemed private, however, there are times when society deems it important to intervene. Describe examples of this societal intervention and discuss whether you believe it is important or necessary, and why (or why not)?

Identify what legal claims Sunshine Yoga might have against The Friendly Dawg and landlord Lou, based on those tort laws and related legal principles.

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Tort Law

Evaluate the implications of tort law in this scenario and what legal claims Sunshine Yoga might have. Use reliable resources, such as the textbook and other course resources, to support your evaluation. Specifically, include the following components in your evaluation:

  1. Tort law: Define what tort law is and how torts may affect business practices.
  2. Relevant tort laws: Identify tort laws relevant to the scenario, specifically the incident involving the snake.
  3. Legal claims
    1. Identify what legal claims Sunshine Yoga might have against The Friendly Dawg and landlord Lou, based on those tort laws and related legal principles.
    2. Support your conclusions by referencing the applicable tort laws and related legal principles.
  4. Include a References section and cite your sources using APA style.

 

Analyze the scenario to determine whether a valid contract still exists between Sunshine Yoga and landlord Lou. Explain the elements of a valid contract, and identify which contract elements, if any, exist between Sunshine Yoga and landlord Lou.

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Case study

Scenario

The Friendly Dawg is a retail pet supply store owned by Dave Dawgs. Dave has worked in the store since high school and took over running the store after his father died two years ago. Originally the store sold only pet food and supplies, such as animal food, bird cages, water bowls, pet beds, and so forth. Upon taking ownership, Dave added fish tanks with fish for sale. Recently he built a kennel and cages in a former storage area in the rear of the store in order to sell live animals, such as snakes, birds, dogs, and cats. Landlord Lou came by during renovations and asked what was going on. One of Dave’s employees told Lou that The Friendly Dawg was expanding its inventory and needed the space. Landlord Lou told the employee, “Very exciting! Good luck!”

A few weeks later, landlord Lou began receiving complaints from the neighboring tenant, the Sunshine Yoga studio, that the noise from the dogs and parrots was very disruptive.

The signed lease between Dave Dawg’s deceased father and Lou describes the business as a pet supply store only and does not mention selling live animals. The lease specifies a rent in the amount of $500 a month. Sunshine Yoga does not have a written lease. The owner of Sunshine Yoga, Jasmine, met Lou one night in a bar two years ago where he verbally offered to rent her the space for $300 a month. Jasmine claims that landlord Lou told her that night that she could rent from him forever and that he would never evict her.

Lou called Dave, asking him to quiet the animals. Dave said he would try, but the complaints from Jasmine continued. Dave also demanded that Lou improve the air-conditioning system, claiming it was too hot in the rear of the store for his animals and it was causing them to become agitated. Landlord Lou refused, claiming that air-conditioning was not meant to cool that area and it was not his job as landlord to take care of live animals.

Dave stopped paying his rent, claiming that he was not obligated to do so because Lou was breaching his obligation under the lease to maintain the property in good repair. The next day, a dangerous snake escaped through the air vents and slithered into the neighboring yoga studio, frightening Jasmine, the owner, such that she had a heart attack.

After recovering, Jasmine stopped paying her rent, claiming that the premises were unsafe due to the presence of wild animals. She also claimed that she has been very depressed and anxious as a result of the ongoing situation. And she contends that she has lost clients because of the noise coming from The Friendly Dawg.

The Friendly Dawg has been a good tenant, enjoys a strong customer base, and pays more in rent than Sunshine Yoga. Sunshine Yoga has always been late with rent, and Jasmine constantly bothers Lou over minor issues.

Directions

Write two short papers—one on contract law and one on tort law.

Contract Law

Evaluate the potential rights, claims, defenses, obligations, and remedies for each party from the perspective of contract law. Determine whether landlord Lou has a right to evict either party. Use reliable resources, such as the textbook and other course resources, to support your evaluation. Specifically, include the following components in your evaluation:

  1. Contract between The Friendly Dawg and landlord Lou
    1. Analyze the scenario to determine whether a valid contract still exists between The Friendly Dawg and landlord Lou.
      1. Explain the elements of a valid contract, and identify which contract elements, if any, exist between The Friendly Dawg and landlord Lou.
    2. Analyze the potential rights, claims, defenses, obligations, and remedies available to both landlord Lou and The Friendly Dawg in this scenario.
      1. Support your analysis by referencing specific legal principles or laws.
  2. Contract between Sunshine Yoga and landlord Lou
    1. Analyze the scenario to determine whether a valid contract still exists between Sunshine Yoga and landlord Lou.
      1. Explain the elements of a valid contract, and identify which contract elements, if any, exist between Sunshine Yoga and landlord Lou.
    2. Analyze the potential rights, claims, defenses, obligations, and remedies available to both landlord Lou and Sunshine Yoga in this scenario.
      1. Support your analysis by referencing specific legal principles or laws.
  3. Grounds to evict
    1. Describe whether, based on your analysis of each party’s rights and obligations, landlord Lou has the grounds to evict either The Friendly Dawg or Sunshine Yoga.
    2. Support your conclusions by referencing specific legal principles or laws.
  4. Include a References section and cite your sources using APA style.

 

 

Analyze whether there is a federal question under 28 U.S.C. 1331 raised in P’s claim against D. Analyze whether there is diversity jurisdiction over P’s breach of contract claim against D under 28 U.S.C. 1332. If not, analyze whether there is supplemental jurisdiction under 28 U.S.C. § 1367(c). 

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Civil Law: Optional Mid-term

Pepperdine University School of Law

Masters in Legal Studies

CIVIL PROCEDURE AND LITIGATION

OPTIONAL MIDTERM RE-WRITE HYPO:

Instructions:  This is an optional assignment wherein you can earn up to 10 additional points to be added to your midterm final points.  Before writing an answer to this hypothetical, please carefully review the midterm rubric returned to you, as well as the associated lectures and/or slides. Use that feedback and review as a guide in addressing the hypothetical here. Please also feel free to set up a 1-on-1 review of your midterm with me.

Read the hypothetical below and then answer each question in bold.  Take time to analyze the issues, and to organize your answer to each question.  If you find it necessary to make an assumption of fact, please state what those assumptions are and continue with your answer.  Your answer will be graded primarily on the quality of your legal reasoning and analysis in applying legal principles to the facts. You are expected to identify relevant issues, state relevant rules that govern those issues, apply and analyze the rules to the relevant facts in the test question, and reach a legal conclusion that resolves the issues presented in the question.  This instruction means use IRAC form (Issue, Rule, Analysis, and Conclusion) when writing your answers.  Consider the following format for each IRAC answer:

  • Issue: (you can use the call of the question here)
  • Rule: (state the legal principle that applies to the issue)
  • Analysis: (start with “Here,” use language of the legal principle, then use the word “because” followed by specific facts)
  • Conclusion: (in one sentence conclude, “Therefore. . .”)

Hypothetical:  Dixie (D) is an up-and-coming musician.  She is a citizen of Tennessee.  D has been in the music business for only six months, making her own CDs off of her computer; prior to that she was a hairdresser who had never traveled outside of Tennessee.  Perfect Music Producing Company (P) saw D perform at a local bar in Tennessee and approached her to see if she was interested in selling her music CDs through their company.  P is incorporated in Tennessee and headquartered in California.  P paid for D to fly out to California for the contract negotiations at P’s headquarters.  D signed a contract with P while she was in California and then flew back to her home in Tennessee.

Per this contract, D shipped her CDs from Tennessee to P’s warehouse located in California.  D, on her own, also stamped the CDs with P’s trademark.  P subsequently discovered that the CDs were damaged and sues D for two claims, seeking $300,000 in damages:  (1) a violation of federal trademark law for stamping the CDs without P’s approval; and (2) a breach of contract claiming that D delivered bad goods.  D claims the CDs were damaged while in P’s warehouse.

 

Question #1 (5 points):  D files a Rule 12(b)(1) Motion to Dismiss the case for lack of Subject Matter Jurisdiction.  How should the Court rule on this motion (is federal court proper)?  In answering this question, using IRAC form, specifically address the following:

  • Analyze whether there is a federal question under 28 U.S.C. 1331 raised in P’s claim against D.
  • Analyze whether there is diversity jurisdiction over P’s breach of contract claim against D under 28 U.S.C. 1332. If not, analyze whether there is supplemental jurisdiction under 28 U.S.C. § 1367(c).
    • Assume P’s state law breach of contract claim is well established under California law and does not raise any complex issues. 

 

Question #2 (5 points):  In which states can P sue D (where is D subject to personal jurisdiction)?  In answering this question, using IRAC form, specifically address the following:

  • Analyze whether California has specific personal jurisdiction over D.
  • Analyze what state has traditional general jurisdiction over D.

 

Identify factors contributing to the issue, justifying your identifications with the selected criminological theory. In other words, what are the factors contributing to the issue? How is the identification of these factors supported by the selected theory?

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Criminological theory

  1. Select a criminological theory that informs your understanding of the issue, justifying your selection. \
  2. Identify factors contributing to the issue, justifying your identifications with the selected criminological theory. In other words, what are the factors contributing to the issue? How is the identification of these factors supported by the selected theory?
  3. Describe how the issue impacts the criminal justice system, providing specific examples of how the branches of the criminal justice system are affected by the issue. For example, how does the issue impact law enforcement, the courts, and corrections?
  4. Describe how the issue impacts the general public, providing specific examples. Does the issue affect specific populations?
  5. Determine the key stakeholders of the issue, identifying both the key people impacted by the issue, as well as those with the power to influence change. Justify your selections.
  6. Describe strategies that are currently employed to address the issue. These strategies may be used in the community with the issue, or in a different community with the same issue.
  7. Assess the effectiveness of the previously identified strategies in addressing the issue, justifying your assessment. How effectively do the strategies combat the issue, and where are there gaps?
  8. How does your previous assessment impact the specific branches of the criminal justice system? Justify your response. In which branches are the strategies most and least effective?

Guidelines for Submission: Your submission should include reference to recent peer-reviewed articles, be at least 2 pages in length (in addition to title and reference pages) and should use double spacing, 12-point Times New Roman font, and one-inch margins. Use APA style to cite your sources within the text of your paper and on the reference page.

 

Do you think the standard creates problems for management? If so, what are they? If not, why not? Do you think Ellison was being overly sensitive? What would you have done if you had been the supervisor to whom she reported the incidents?

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“Ellison v. Brady”

Read the case, “Ellison v. Brady” on page 467-469 and discuss the following questions:

Do you agree with the court’s use of the “reasonable victim” standard? Explain.

Do you think the standard creates problems for management? If so, what are they? If not, why not?

Do you think Ellison was being overly sensitive? What would you have done if you had been the supervisor to whom she reported the incidents?

 

How can the same reasoning used in these cases be applied to cases in other areas? How does this affect different areas of focus even if they do not directly relate to those areas?

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Policy Paper

The goal of this assignment is to facilitate thought regarding how a case relates to main areas studied throughout the course (such as employment, education, housing, transportation, architectural barriers). This assignment is about a policy and is not intended to be an overview of a case.

Cases used for You Be the Judge assignments are the basis for the policy paper. Turner looked at reasonable accommodations and how that was considered for employment. Powell looked at reasonable accommodations in the context of higher education. Emory looked at how disability is defined and what it meant to be “substantial” for employment. Martin looked at accommodations in private settings. The Policy Review Paper will address how decisions or prevailing legal arguments related to these cases impact future laws and policies.

Choose one of the cases we have examined during the semester (Turner, Powell, Emory, or Martin) to use for the Policy Review Paper. Write a three-five page paper – single-spaced in which the following are discussed:

relevant laws and policy related to either employment, public accommodations, or postsecondary education
how the case chosen (Turner, Powell, Emory, or Martin) impacts this policy (e.g. possible changes, benefits, costs, unintended consequences, and/or any impact on the rights of persons with disabilities).

Because the Turner, Powell, Emory, and Martin cases look at different parts of accommodations, what is reasonable, or how we define disability, they can also be used to inform other areas (e.g. transportation; housing; etc.). How can the same reasoning used in these cases be applied to cases in other areas? How does this affect different areas of focus even if they do not directly relate to those areas?

Do you think the standard creates problems for management? If so, what are they? If not, why not? Do you think Ellison was being overly sensitive? What would you have done if you had been the supervisor to whom she reported the incidents?

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“Ellison v. Brady”

Read the case, “Ellison v. Brady” on page 467-469 and discuss the following questions:

Do you agree with the court’s use of the “reasonable victim” standard? Explain.

Do you think the standard creates problems for management? If so, what are they? If not, why not?

Do you think Ellison was being overly sensitive? What would you have done if you had been the supervisor to whom she reported the incidents?

 

Copy/paste both legal issue statements/questions from your Complex Office Memo that was reviewed earlier and put them under this heading.

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Folly’s case

Background: Ivy has reviewed your Complex Office Memo and wants you to now rewrite it to make it more persuasive. This will be good practice for drafting advocacy documents in Folly’s case. Ivy wants you to take the feedback provided for your Complex Office Memo (see grade book) and revise the Office memo to be more persuasive.

Instructions:

Create a document with 3 headings:

Part I. Complex Office Memo – Original Issue Statements

Copy/paste both legal issue statements/questions from your Complex Office Memo that was reviewed earlier and put them under this heading.

Part II. Advocacy Memo – Questions Presented

Rewrite/edit both of your original issue statements (posted above in Part I) to transform both into Questions Presented for your advocacy memo.

Place the Questions Presented for your advocacy memo under this heading.

Part III. Argument – Opening Sentences for Each Argument

Based upon your questions presented for the advocacy memo (posted above in Part II), transform both questions into the first sentence for each argument for each issue for the advocacy memo.

Place both first sentences for each argument under this heading.

Label responses, as appropriate.

Write in correct, complete sentences in paragraph format, unless instructed otherwise.

Use Arial or Times Roman, size 12 font.

 

Do you think the standard creates problems for management? If so, what are they? If not, why not? Do you think Ellison was being overly sensitive? What would you have done if you had been the supervisor to whom she reported the incidents?

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“Ellison v. Brady”

Read the case, “Ellison v. Brady” on page 467-469 and discuss the following questions:

Do you agree with the court’s use of the “reasonable victim” standard? Explain.

Do you think the standard creates problems for management? If so, what are they? If not, why not?

Do you think Ellison was being overly sensitive? What would you have done if you had been the supervisor to whom she reported the incidents?