1. Explain how the common law system facilitates slow legal change.
Common law is law established by earlier court rulings which includes a process of cumulative
and interpretive to make and construe laws. “Common law, also known as case law, relies on
detailed records of similar situations and statutes because there is no official legal code that can
apply to a case at hand” (Chen, n.d.). The cumulative process of the common law is a building
technique with two concepts courts follow, which are stare decisis and binding precedent. Stare
decisis is a Latin phrase which means “let the decision stand”. Unless there is a compelling basis
to depart from established legal principles, courts are bound by prior court decisions and must
obey them. The courts may also reject transformation to a prior court decision in this process.
There are two parts when it comes to precedents – binding and persuasive. With this process the
lower courts abide by the upper courts rulings. “By its reliance on precedent, Vermeule says,
common law is slow to change” (Harvard Law School, n.d.). According to Moorman and
Claussen, “the downside of a cumulative law system is that the law changes slowly, and the
changes that do occur depend on the happenstance of real-world problems occurring and finding
their way into court” (2006). A court's decision to reverse a prior ruling may take several years
due to the binding nature of legal precedent. Stability is important when it comes to laws and
when changes are in question, there is much caution in the process. The courts are generally
limited to interpreting and applying laws. With others needed to amend pre existing rulings, the
overall process could also result in slow changes.
2. Discuss the concept of employment at will. Then discuss the exceptions to employment at
will based on contract law and public policy. What is your view of this rule? Do the
public policy exceptions to the rule give enough protection to employees?
“If you are employed at will, your employer does not need good cause to fire you” (Guerin,
2023). Employment at will refers to an United States legal doctrine that allows employers to
terminate an employee at any time, with or without cause, and without providing a reason for the
termination. Equally, employees are also able to leave their position, with or without cause, and
without providing a reason. In regards to contract law, the courts review implied contracts and
the covenant of good faith and fair dealing. Some courts believe even without a written contract,
there is implied contract within employer’s manuals. Covenant of good faith and fair dealing is
an exception that in contractual dealings, both parties conduct fairly (Moorman & Claussen,
2006). When it comes to public policy, many states have exceptions forbidding wrongful
termination. An example of this is discrimination. An employer cannot terminate an employee
based on their gender, age, race, or ethnicity. This situation occurred in 2017 with EEOC v.
Home Depot. “Home Depot, the large national home improvement retailer, has agreed to pay a
former employee $100,000 and provide other relief to settle a disability discrimination lawsuit
brought by the U.S. Equal Employment Opportunity Commission (EEOC)” (US EEOC, n.d.). I
appreciate this rule in place as it respects both parties, but without considering public policy, this
rule is a scary concept. With public policy in place, I feel it gives more protection to employees
as it protects them from discrimination, testifying about safety hazards within the workplace,
whistleblowing, etc, but not enough. Employers may still treat one differently without
necessarily violating the doctrine.
3. Hazing may have both criminal and civil ramifications. Discuss this and how you would
develop a hazing prevention program for your high school athletic program.
Hazing is a huge conflict in the world. It is defined as “any activity by which a person recklessly
endangers the health or safety of an individual, or causes risk of bodily injury, for purposes of
initiation into, admission into, or affiliation with an organization or team” (Moorman &
Claussen, 2006). “Hazing may lead to school discipline, criminal charges, or personal injury
lawsuits” (Guerin, 2023). From a criminal ramification, hazing is labeled as a misdemeanor.
From a civil aspect, many states abide by anti hazing statutes with rules varying from state to
state. “Six states − Alaska, Hawaii, Montana, New Mexico, South Dakota and
Wyoming − have none, according to StopHazing, an anti-hazing advocacy
and research organization” (Hernández, 2023). Effective regulations and procedures are
necessary for protecting students' well-being and avoiding hazing in schools, thus fostering an
ideal atmosphere for learning. “According to Briar College, the six most recognizable barriers in
hazing are: denial of the problem; dismissal that hazing is harmless; silence among the victims;
fear among the victims; insufficient support for the victim; and lastly, cultural norms that
perceive hazing as normal” (The Sport Journal, 2017). The first step I would take in developing a
hazing prevention plan for a high school athletic program is to educate the athletes, coaches,
parents, and others necessary to obtain the information regarding hazing. There will be many
policies and procedures set in place and limited time for unattended supervision of the athletes.
This topic would be discussed before recruitment, periodically throughout the year, and during
meetings. Coaches and staff will also have additional meetings to obtain the information of
recognition and prevention on hazing.
4. Give three examples of types of contracts that must be in writing according to the Statute
of Frauds.
The Statute of Frauds is a legal doctrine mandating that some kinds of contracts be in writing.
“The most common contracts covered by the statute of frauds include the sale of land,
agreements involving goods worth $500 or more, and contracts lasting one year or more” (Chen,
2023). “The most important thing to know about the statute of frauds is that it involves a lot of
technicalities” (Statute of frauds, n.d.). One example of a written contract would be if a buyer
sold land to a seller. A contract is written out supporting the seller and the buyer agreeing to the
terms listed in regards to the exchanges being made. Agreements involving goods worth $500 or
more is a very important contract to protect both parties in their exchange. If a department store
orders a shipment that costs $1200, they must have a written contract to ensure the financial
agreement and exchange of the products is agreed upon. Another example of a written contract is
when one gets married. This type of contract is done with two people before or after marriage,
with the goal to protect both parties. In the world of sports, when professional athletes sign
contracts over a year, it is the team and athlete’s duty to have a written contract to protect both
parties during the term of the contract.
References
An uncommon critique of the common law. Harvard Law School. (n.d.).
https://hls.harvard.edu/today/uncommon-critique-common-law/#:~:text=By%20its%20rel
iance%20on%20precedent,”—that%20is%20not%20justified.
Chen, J. (n.d.). Common law: What it is, how it’s used, and how it differs from civil law.
Investopedia. https://www.investopedia.com/terms/c/common-law.asp
Chen, J. (n.d.). Statute of frauds: Purpose, contracts it covers, and exceptions. Investopedia.
https://www.investopedia.com/terms/s/statute-of-frauds.asp
Gjelten, E. A. (2018). Illegal hazing: Crimes and civil lawsuits | lawyers.com.
https://www.lawyers.com/legal-info/research/education-law/no-ifs-ands-or-buts-hazing-is
-illegal.html
Guerin, L. J. D. (2023). Employment at will: What does it mean?. www.nolo.com.
https://www.nolo.com/legal-encyclopedia/employment-at-will-definition-30022.html
Hazing in sports: The effects and legal ramifications. The Sport Journal. (2017).
https://thesportjournal.org/article/hazing-in-sports-the-effects-and-legal-ramifications/
Hernández, A. (2023). Laws on hazing are on the books in most states. they don’t
protect equally. USA Today.
https://www.usatoday.com/story/news/education/2023/10/13/hazing-state-laws-differ-
offer-uneven-protection-to-college-students/71076327007/
Home Depot to pay $100,000 to settle EEOC disability discrimination lawsuit. US EEOC. (n.d.).
https://www.eeoc.gov/newsroom/home-depot-pay-100000-settle-eeoc-disability-discrimi
nation-lawsuit
Moorman, A. M., & Claussen, C. (2006). Sport law : A managerial approach. Taylor & Francis
Group.
Statute of frauds. (n.d.).
http://www.kentlaw.edu/faculty/rwarner/classes/contracts/statute_of_frauds_notes.htm
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