INSTRUCTIONS
In this module you will find three factual situations. Choose one for your essay. You will also find instructions.
There is no set number of pages. You should be thorough and go as long as it takes to answer all the questions thoroughly. As guidance only, I would say that it would be difficult to do a thorough essay in less than three pages. Probably 5-10 is more reasonable. Keep in mind that you will not receive greater credit for an unnecessarily lengthy essay, especially if it contains a lot of repetition and/or meaningless verbiage. In fact, being concise will get you a better grade so long as it is concise but thorough.
It must be typed. You may submit it through email or in person, but do not submit it through D2L. You can use any font or size but keep in mind my age and eyesight and don’t make it too small.
I will entertain any questions on this assignment up until due date. I will review one draft and give feedback if the draft is submitted to me before April 16th. This is your chance to get a high grade so take advantage of it.
I have discovered that many students are challenged in essay writing. In fact, one of the criticisms of college students today is that they have poor writing skills. I have an article on essay writing that you might find helpful. Hwever, I am having trouble downloading it onto D2L. If you would like to have the article please email me and I will try to email it to you or provide it to you in hard copy.
AGENCY LAW
Luber is a company similar to Lyft and Uber. Luber considers all of the drivers that it contracts with to be independent contractors. Drivers apply through the internet to be drivers with Luber. The application contains questions about the drivers criminal history, including driving record, and work history. When Luber receives an application they do a basic background check on the driver and if the driver passes they then let the driver sign up on the internet app.
Robert Davis is a high school drop out. He has been fired from two jobs. One employer fired him for stealing. In the other job he was accused of sexual harassment and fired. He also had his license suspended when he had gotten too many citations. He does now have a driver’s license.
Robert wants to drive for Luber but he has his doubts as to whether he would be approved. Robert convinces his cousin Jack Sessions to let him use Jack’s information to apply to Luber. Robert makes an application to Uber and completes it with Jack’s information. Jack has a clean criminal, work, and driving history.
Luber informs Robert (based on the Jack information) that he is eligible and can go register on the app. Robert registers as Jack. Luber does not investigate further. Luber does not check to make sure the applicant is the correct person.
Robert begins driving as a Luber. A few weeks later he gets a rider through Luber. Her name is Candace Hunter. When Robert pulls up to pick up Candace he notices that she is very pretty. She is wearing a short skirt and low cut blouse. Robert says to Candance, “You may want to sit in the front seat because my last rider smelled and even though I cleaned the seat and sprayed there is still a smell back there.” Candance gets in the front seat.
During the drive Robert places his right hand on Candaces knee. Candace finches. As a result, Robert loses control of the car crosses lanes and side-swipes a car driven by John Goodright.
Goodright is injured and so is Candace. Both Candace and Goodright sue Robert Davis and Luber. What causes of action (grounds to sue) do Goodright and Candace have against Robert? Against Luber? What are Luber’s defenses.
Now that Roberthas been sued he notified his car insurance company about the lawsuit and sent them a copy. They sent him a letter denying coverage. The insurance company cited the following exclusion in the policy:
This policy only covers the insured and other individuals specifically named in the policy while operating the vehicle for personal reasons.
What arguments can be made on behalf of Robert as against the insurance company? How should the insurance company respond?
In your essay you should answer all the questions set forth above. Additionally, set forth any other issues you see and discuss those. You do not need to go outside the information in your textbook to write this essay. You may also want to discuss whether Candace and Goodright can sue Jack Sessions and, if so, what would the claims be and what Sessions assert as a defense.
INSTRUCTIONS
In this module you will find three factual situations. Choose one for your essay.
The due date is Thursday, April 28th at class time.
There is no set number of pages. You should be thorough and go as long as it takes to answer all the questions thoroughly. As guidance only, I would say that it would be difficult to do a thorough essay in less than three pages. Probably 5-10 is more reasonable. Keep in mind that you will not receive greater credit for an unnecessarily lengthy essay, especially if it contains a lot of repetition and/or meaningless verbiage. In fact, being concise will get you a better grade so long as it is concise but thorough.
It must be typed. You may submit it through email or in person, but do not submit it through D2L. You can use any font or size but keep in mind my age and eyesight and don’t make it too small.
I will entertain any questions on this assignment up until due date. I will review one draft and give feedback if the draft is submitted to me before April 16th. This is your chance to get a high grade so take advantage of it.
I have discovered that many students are challenged in essay writing. In fact, one of the criticisms of college students today is that they have poor writing skills. I am posting with this instruction sheet some information on essay writing. You are encouraged to read it.
Gender Discrimination?
Congress passed the following law:
Any person or legal entity that provides rest room availability to the public or the employees of that person or entity must designate and insure that:
1. There are facilities separate for men and women; and
2. Each gender uses only the facility designated for that gender.
Gender shall be defined as based upon the physical sexual attributes the person had at birth, except if a person has completed sex reassignment and legally changed his or her sex.
Failure to abide by these provisions and take appropriate action to enforce the same shall be a misdemeanor.
Bobbi works for John Smith. Bobbi was born male. Bobbi identifies as a female. Bobbi is currently being counseled by a therapist about undergoing sex reassignment surgery. Bobbi wants to use the women’s bathroom at work. John is sympathetic to Bobbi’s situation and would allow Bobbi to use the women’s bathroom but says he cannot because of the law set forth above.
Bobbi is suing to have the law declared unconstitutional. Bobbi maintains that the government lacks the power to enact such a law. The government bases its power to enact the law upon the Commerce Clause.
Bobbi also challenges the law as being a violation of Equal Protection under the 5th and 14th Amendments.
Discuss the pros and cons of Bobbi’s case.
MANDATORYARBITRATION?
Jimmy is 25 years old and recently graduated from Mercer Pharmacy school. He is a pharmacist working for a drug store chain and earns about $85,000 a year. His job requires that he fill prescriptions. This entails a lot of standing and walking short distances.
Jimmy has been experiencing a lot of lower back pain. He went to see a neurosurgeon, named Dr. Strange. Surgery was recommended. He had the surgery but now he is in worse pain and unable to work because he cannot stand for long period of time or walk much.
Jimmy went to another doctor. This doctor claims that Dr. Strange committed malpractice. He writes a report of his opinion for Jimmy.
Jimmy goes to see Ken Regent, an attorney. Regent gets the medical records from Dr. Strange. In the medical records is a document that is 12 pages long in 9 point type and covers a variety of matters pertaining to the surgery and the consent that Jimmy gave to Dr. Strange for the surgery to be done.
On page 9 of this document it says the following:
Any dispute arising from the relationship between the doctor herein and the patient signing this agreement shall be submitted to binding arbitration and the patient agrees to waive any right to sue the doctor in a court of law. The arbiter shall be selected by the doctor from a list provided by the National Association of Medical Arbitrators.
The National Association of Medical Arbitrators is an organization developed by the American Medical Association for purposes of moving malpractice claims from the courtroom to alternative dispute resolution. The arbitrators on this association of eligible arbitrators must be doctors currently in practice and must go through training provided by the association.
When Jimmy signed the document he was about to be taken into surgery and was in a lot of pain. The nurse who gave him the document to sign said it was a form consenting to the surgery.
Regent wants to take the case to court. He believes that the arbitration may not be fair. He would rather have a jury decide.
Discuss the following (and any other matters you choose):
1. What is arbitration?
2. What is binding arbitration?
3. What are some of the reasons why Jimmy would not want to go to arbitration?
4. What arguments can be made that Jimmy should not have to go to arbitration?
5. Should there be a law against some or all binding arbitration agreements? Which ones? Why? Why not?
6. What arguments can the doctor make that the arbitration agreement is legal?
7. What arguments can doctors make that such agreements are in the public interest and should not be made illegal?