Law Homework

because of nudity the production would not be in the best interests of the community, the board rejected the application. l’he promoter sought a court order permitting it to use the auditorium. Why should the court allow the production to proceed?

(h) What are the distinctions in how the law treats public persons versus private persons with respect to defamation?

8, Right to Possess Guns The Supreme Court recently interpreted the Second Amendment for the first time in decades. Based on that decision, cait individuals have guns in their hotites for seif-delense or is the right o possess guns limited only to ineiilwrs of a gwernmental—approved militia unit?

9. J)ue I’rocess of law Explain what is meant by the Incorporation l)octrine and how it was used to expand the impact of the due process clause.

hO. Fcjiial Protection 1 here are three levels of judicial scrutiny under this clause. Describe what these levels are and when they are applicable.

hess discussions

• Oier retail businesses in the mat n whG[i your Spurts situes Shot) 5 iuciiIit hiwe jecceci o open on Sundays from 12 noon to 6 P M. You decide Eu foHiiw suit, hut two j your nmnioyees refuse to go along, saying it is against their reHgiuus beliefs to wo on the Sahbatn, You terminate their ei’pioymeilt They appty for etru!uynent u’3erSaiIOfl, and contend their unenpoyed stoics i5 your fault. If tim state grants h:emfl aenefits, you wil be penalized since your uneteptoyment nompensaton taxes 11:11

hCJcd you contest their clait i? W’at would be the result it the empit yees efuse to work on Sunday because of ‘eir desire to pay golf on that day?

. te Mayor of the dy of New York toak issue with a number of works i a d’-nulyr m :emporay eXht)t titled ‘‘Se3nsrltion, YOLu iq British A tsts from the Saatnht

rc:on” Especa ty tmoub’ig to hun was a painting by Nigeria na rtist Cins Gnu. ad “The Holy Vrgin Mary” In thut wot k, Ofuli depi ‘is I Mary with African mu en

ac9ecl a oGrup of ciephant dung as well as pr’otcç1 ophs of torne genitalia to his vuOc, ‘9C Mayot ernied 01’lus painHg ‘‘Sir OiI “lSgusiq’’ He nsitflh riot a City— ;,u’ :i’eu Yi,seun nad rio nignt tu hnpioy hi exhrt

Could the n ayo prut’ii)li 00 iS)rk frorri PPOiiTJ in lie sOuw? ny or’s ‘/ nOt? bxot on /i JrisLjT 151 (J lTi) 1) )i gil o rt

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12. Burden of Proof There are three distinct levels of proof required by law depending upon the kind of case involved. Describe them and when they are used.

13. Deciding the Case Under what circumstances should a judge enter a judgment notwithstanding the verdict?

Posttrial Issues 14. Appeals

What normally is contained in an appellate brief? An oral argument? 15. Enforcement ofJudgments and Decrees

How does the court enforce judgments? 16. ResJudicata

Why is the notion of res judicata critical in civil litigation?

iness discussions

V0 are the manager of a used car firm known as Reliant Motor Company. Your iawter has called to tell you that John Doe, a customer you have been dealing with for seva ai months, has fhed a lawsuit against the firm. The customer claims the vehicle he p.-cased is a lemon and no longer even operates. You knew the vehicle was not in the jest of condition at the time of sale, but you believe the buyer caused most of the proD ems by taking the vehicle “off road’ several times. You are not looking forward to dscove’y or trial in this case. You have several questions.

fc)w does discovery work? Canì you be required to testify twice in a deposition and at trial? Snould you shred all documents you have about this case? You know that some of :be documents will not put the firm in the best light.

Yo wonder what will happen at trial. Will it be like what you have seen on TV or in the moves? 2. v0 are the owner of a sma’l rm that manufactures awn mowers. While Js;ng one ni ic’- products, a person suffers severe injury ano row is song, claiming trat your prcc was negigently designed because it aid not adequately protect the user You hava ‘n experience with the egal system. You learn that lawyers charge as much as

oer nour and must he paid whether they win or lose their cases. You are surprsed a nust happen before a thai cart occur to determine who is at tacit. F rst, yo

aver’nay move to disrnss the case or jurisdictional grounds. If that fails, both sides w costly depus tons of ikey witnesses. You will nave to turn over reams of ntemai 00 ents related to the design of your mower. Each sde also Will have to pay several b; ond doliars per rioir for experts as the lawyers prepare ‘he case. These expens WI te o be paid again when they testhy at triat, As the time for the tria amioruaches, er.- n (to wit sprnd money trying to discern [be most sympathetic type o 3:iry. Years

-‘u awsuc was hrsl filed, the part;es wi he sitIng “ the cflrrtr000 waihr’g tom jur seectoit to begin. Moe :floriey will have been spent de4endtng this case than the potntit was seek:nq when the awsuil was first 9ed, Many questions uorne to intro:

• •irtuld you have seWed the case at the beginrtig9 • as your n!t( )-rbey I COt get g rich at you’ experse? • s (Iscovery roe of oburderi hart a bOlt)?

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Review Questions and Problems Conflicts and Negotiation

1. Conflicts and I)isputes What are the distinguishing characteristics of a conflict versus a dispute? Think about recent conflicts that did and did not become a dispute. Think about a recent dispute and describe how you handled it.

2. Styles and Methods of Negotiation List the five instinctive responses used in negotiation and describe how each of these applies to you.

3. Positional Negotiation In business disputes, what two items are most likely to dominate a position-based negotiation?

4. Principled Negotiation (a) Summarize the seven elements of principled, interest-based negotiations. (b) How does focusing on these elements assist the negotiation process?

Alternative Dispute Resolution (ADR) Systems S. Range of Options

What are the various items along the spectrum of ADR systems between litigation and negotiated settlements?

6. Settlements Why do businesses have incentives to settle disputes rather than relying on jury verdicts in the litigation process?

7. Focus Groups What is the benefit to lawyers and parties of conducting a focus group?

Arbitration 8. Sub?nissions

(a) What is th e purpose of a submission in an arbitration? (b) What is the proper role of the courts in determining whether a submission to arbitrate is valid?

9. Arbitrators As a client of a brokerage firm, Howsam invested in four limited partnerships. These invest inents were made between 1986 and 1994. The client agreement signed by Howsarn required all disputes with the brokerage firm to be arbitrated. When she lost money on her investments, Howsarn filed for arbitration, claiming the firm misrepresented the investments in the limited partnerships. The arbitration agreement has a six-year statute of limitations. The brokerage firm filed a lawsuit seeking to have the arbitration submission enjoined, since the statute of limita tions had run out. Who—a judge or an arhitrator—niakes the decision concerning the applica tiOfl of a statute of limitations to an arbitration proceeding? Why?

10. Awards Generally, what does an arbitrator have to include in the award to make it valid?

11 . The Federal Arbitration Act (a) A dispute arose between partners. Ihe partnership agreeirient provided that if the parties

were unable to agree on any matter, it would be submitted to arbitration. One partner filed suit asking a court to appoint a receiver for the business, Ihe other insisted on arbitration. I-low will the dispute he resol vet1? Why?

(h) What impact does the FAA have on state laws that prefer the litigation I)nkeSs to arbitration?