Commercial Law

Commercial Law The Assignment: Find one article from a news source that pertains to the assigned topic. Please note: The article must be about a lawsuit (pending or completed) and at least some aspect of the subject matter must be related to at least one of the topics covered in the Employment Law lectures. The article may be from a newspaper, a magazine, any other periodical, or an internet site. You should select an article that contains sufficient information and detail to answer the questions on the Assignment Sheet. The article must have been published within the past year. Do not use cases published in law journals or on-line case search indexes. Do not use an article used for a prior Applied Learning Assignment. Your work must be submitted on a completed Assignment Sheet. Attach a copy of the news article to your Assignment Sheet. An Assignment Sheet which does not have a copy of the article attached will not be accepted or graded. Please ensure that your name is on the Assignment Sheet. Assignment Sheets must be prepared using the following page, and they must be legible. If needed, you may attach an additional piece of paper. For easiest use, you may copy the Assignment Sheet into Word and use it as a template. In preparing your Assignment Sheet, please use complete sentences and include sufficient information to fully answer the questions. Article Identification (2 points): State the title of the article, the name of the publication in which it appeared and the date of publication. Article Summary (4 points): Provide a summary of the news story, with emphasis on the facts. What Kind of Court?: (2 points) Name of the court that is hearing/or heard the case. (4 points) Is this a state court or federal court? (6 points) Explain why this court has jurisdiction over the subject matter of this case. (6 points) Explain why this court has jurisdiction over the parties in this case. Learning Application: Relate the news story about the lawsuit to your course learning. In doing so, answer the following questions. (4 points) What kind of case is it? Contract? Tort? Both contract and tort? (2 points) Name the plaintiff(s). (8 points) Describe each of the plaintiff’s allegations against the defendant as reported in the article . (6 points) What type of damages or other outcome is the plaintiff seeking? If the article doesn’t say, what type of damages or other outcome should the plaintiff seek in this type of case? Be specific. (4 points) Can the plaintiff seek punitive damages in this case? (10 points) What does the plaintiff have to prove in this case in order to win? (Or, if the case is over, what did the plaintiff have to prove to win?) If more than one claim, describe what must be proven for each claim. (4 points) What is the standard of proof the court will apply/applied to determine whether the plaintiff has proven the case? (2 points) Name the defendant(s). (6 points) What kind of defenses has the defendant raised? (Or, if the case is over, what defenses did the defendant raise?) If not clear in the article, what are the likely defenses for the defendant? (10 points) Was/is this case required to come before the U.S. Equal Employment Opportunity Commission? Why/why not? (10 points) Apply your course learning and use your best legal reasoning. What result or outcome do you think the case should have? That is, how should the court rule? (Or, if the court has ruled, do you agree with the outcome? Why/why not?) What have you learned in the course to make you think this is the right outcome? ________________________________________________________________ (10 points) Article is appropriate for this assignment. NO ANSWER REQUIRED HERE.