Moore Law 220 Week 3 4 5

Week 3

Employment laws impact everyone, regardless if you are actively employed or not. As employers continue to control costs associated with claims from employees, employers have commonly turned to arbitration agreements. These agreements normally require employees to waive any right or protection afforded by joining a class action and instead forces each individual employee to take the claims before an individual arbitration. In 2018, the Supreme Court of the United States (SCOTUS) decided in Epic Systems Corp. v. Lewis by a narrow margin of 5-4 that employers could enforce these arbitration agreements.

In your assignment this week please explain why the court got this correct AND explain why the court was wrong. Lastly, if you were the 10th justice how would you vote and why?

This link should provide you with details on the case:  https://www.oyez.org/cases/2017/16-285

Click on the left hand side under “Opinions” for full details.

Your paper should be 400-500 words.

Week 4

As you learned this week, the government can enact the concept of eminent domain and “take” private property so long as it is for the “public use” and the owner is justly compensated. This concept is hotly contested and often results in a clash between property owners and the government. Developers and businesses generally like the concept of eminent domain and really attempt to stretch the term “public use” in order to expand business. In 2005 the Supreme Court of the United States (SCOTUS) decided in Kelo v. New London by a narrow margin of 5-4 that city's taking of private property to sell for private development qualified as a "public use" within the meaning of the takings clause. 

In your assignment this week please explain why the court got this correct AND explain why the court was wrong. Lastly, if you were the 10th justice how would you vote and why?

This link should provide you with details on the case:  https://www.oyez.org/cases/2004/04-108

Click on the left hand side under “Opinions” for full details.

Your paper should be 400-500 words.

Week 5

Constructive Eviction and the Implied Warranty of Habitability

Steve is renting a property from Billy.  One evening Steve tripped and fell down the stairs. The issue is that one of the stairs in the common area was faulty. Billy knew about the stair, but he had never got around to fixing it. 

Steve injured his leg, so he decided to return to his room. The heater was not working (and it was in the middle of winter). Steve had told Billy about the faulty heater for months, but Billy never got around to fixing it. There is a local ordinance that requires landlords to repair heaters.  Additionally, assume that this jurisdiction includes the implied warranty of habitability. The jurisdiction recognizes constructive eviction, and it follows the majority rule of when landlords are liable for injuries.

•           What causes of action does Steve have?

•           What remedies does he have for the faulty heater?

Your paper should be 500-750 words, with at least two cited external sources.