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introfall

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Welcome to law 17 - legal writing - please bookmark the main law page at http://lamission.edu/law along with your classwiki at

http://legalwriting.pbwiki.com/

 

There is no textbook for Legal Writing

 

If this is your first online class, we will have an on campus orientation on Monday, July 24th, 2006, in LRC 205 - this will be confirmed and a further email sent to you. If you are local and can and wish to attend please do so. The orientation is voluntary and is NOT required. We will have a Meet and Confer session on Monday 7-24 - more details to follow. see http://lamission.edu/law/26sua/meet

 

You cannot login to work on the class until 7 am 7-24-06, and 8/26/06 at 11:30 pm is the last date to submit work.

 

Print out the due dates at http://profj.us/26su/law17/duedates/ - please no late work - see http://profj.us/late

 

You can start now by searching for a legal topic to do your research on - see http://del.icio.us/abogado/topics

Remember: your papers MUST have at least 3 cases or codes cited within it to support your thesis - that is the proposition or legal argument (in favor or in opposition) you are making. please make sure every case has a proper citation - i.e. name of case, date case decided, volume of the case reporter, the name of the case reporter, and the page number (an electronic citation given by internet research IS NOT a correct citation - read http://del.icio.us/abogado/citations - a word to the wise - substantial points taken off your papers if you do not have CORRECT CITATIONS - about 50 percent of students do not USE CORRECT CITATIONS - so do not be one of those 50%. look at the class wiki for samples from previous semester student papers. they are very good and instructive. Sandra Fenton is your online tutor for legal research - sandra.fenton@gmail.com -

 

enjoy the class and work hard. contact your paralegal tutors at http://paralegaltutors.pbwiki.com for any questions, and follows the appeal process on quiz questions if you disagree with the answers.

 

you can contact your online instructor Prof J. at http://lamission.edu/law/faculty/jordan

 

Prof J.


 

Post your introduction to the class. Tell us a little about yourself, your family, hobbies, interests, goals and expectations of this class, and how you discovered the program. Please use your full name to get credit, and post by clicking on "reply" below, lower right corner, and not under "post" above. Do NOT register as a user, just post as an "unregistered user".

 

remember our main webpage is located at http://lamission.edu/law

and additional materials at http://paralegal.pbwiki.com

and your class wiki at http://classwikis.pbwiki.com

 

also make sure you purchase your textbook. the quizzes are based on WEst Bus. Law - 9th Edition - http://lamission.edu/law/textbooks

 

enjoy the class and work hard. Prof. J.


"How to Study Law - post here"

 

Read the article on "How to Study Law" at http://profj.us/studylaw.

 

Also read "Reading like a lawyer" at http://profj.us/reading.htm . Do this even if you have done it in another class. Post three (3) things you learned which will help you to study law and read law cases better in this class. Use your full name. do not register as a user. post as an "unregistered user" just type in your name. Click on "reply" below, and not "post" above. good luck. prof. J.

 

Remember in each assigment there is usually a "case" which is given, or cited. You MUST read and understand these cases and use them in answering your assingments. Please do not start out with "It is my opinion" instead quote the legal rules, the facts, and the Court finding (i.e. who won the case). It is very good to start out with who won the case and why - that makes your instructor happy. Also do not just copy and paste phrases from the case, you must paraphrase and use your own words along with the "court words" or "key words" from the case, which you should put in "quotation marks" -

 

work hard and enjoy the class. prof.J.


"Good Legal Writing - post here"

 

Read the article on "Good Legal Writing" at http://profj.us/glw. Do this even if you have done it in another class. Post what you learned in the article which will improve your legal writing in this class. Do not register as a user. post as an "unregistered user" just type in your name. Click on "reply" below, and not "post" above. good luck everyone.

 

Prof J.

 

to see your grades, click on "assignments" to the left, and then scroll down to "my scores" - grades will be updated regularly during the summer.


"Business Torts"

 

Discuss the following case and then comment on two other students work (say what is or is not "on point")- be kind when you do this, also be constructive, i.e. how to improve their posting. a good summary of Torts Law is located under Law 12 at

http://lamission.edu/law/emmanuels/torts.htm

 

Here is the case:

Business Tort Theories. Red Stripe Airlines negotiates a lease at an airport for gates on the same concourse as Green Top Airlines. In fact, for passengers to get to Green Top’s gates, they must walk past Red Stripe’s gates. Red Stripe puts up a large sign that states, “Passengers of other airlines—turn in your tickets or cancel your reservations, and we will give you 25 percent off the price of your trip if you fly on Red Stripe Airlines.” In addition, Red Stripe’s ticket agents solicit business from travelers on their way to Green Top’s gates. At this time, only Red Stripe and Green Top have operative gates on the concourse.

 

Discuss fully any business tort theories under which Green Top can recover against Red Stripe for the latter’s actions. (Remember: A ticket is a contract.)

 

here is the rule of law on business torts:

 

A. Three business torts: Three related torts protect business interests:

(1) injurious falsehood;

(2) interference with contract; and

(3) interference with prospective advantage.

 

B. Injurious falsehood: The action for "injurious falsehood" protects P against certain false statements made against his business, product, or property. Most important is so-called "trade libel." This occurs where a person makes false statements disparaging P’s goods or business.

 

1. Elements: P must prove the following elements for trade libel :

a. False disparagement: D made a false statement disparaging P’s goods, business, etc. (Example: D falsely states that P is out of business);

b. Publication: P must show that the statement was "published," as the word is used in defamation cases;

c. Scienter: P must show scienter on D’s part. That is, P must show that D knew her statement was false, acted in reckless disregard of whether it was false, or (in some courts) acted out of ill-will or spite for P.

d. Special damages: P must prove "special damages," i.e., that P suffered "pecuniary" harm.

2. Defenses: D can raise a number of defenses, including <453>:

a. Truth: that the statement was true; and

b. Fair competition: that D was pursuing competition by fair means. In particular, D is privileged to make general comparisons between her product and P’s, stating or implying that her product is the better one. In other words, "puffing" is protected. But if D makes specific false allegations against P’s product, D will not be protected.

C. Interference with existing contract: The tort of "interference with contract" protects P’s interest in having others perform existing contracts which they have with him. The claim is against one who induces another to breach a contract with P. <454 - 457> (Example: P, a theater owner, has contracted to have X perform in P’s theater on a certain date. D, a competing theater owner, induces X to perform for him on that date instead. P can recover against D for interference with contract.)

1. Privileges: D can defend on the grounds that his interference was privileged. <456>

a. Business competition: D’s desire to obtain business for herself, however, is not by itself enough to make her privileged to induce a breach of contract. (But in most courts, if P’s contract was terminable at will, D is privileged to induce a termination of it for the purpose of obtaining the business for herself.)

D. Interference with prospective advantage: If due to D’s interference, P loses the benefits of prospective, potential contracts (as opposed to existing contracts), P can sue for "interference with prospective advantage."

1. Same rules: Essentially the same rules apply here as for "interference with contract." The big difference is that D has a much greater scope of privilege to interfere.

a. Competition: Most importantly, D’s desire to obtain the business for herself will be enough to give her a privilege, which is usually not the case where there is an existing contract. (Example: P and D are competitors. D learns that P has been pursuing a certain prospect for nine months, and is about to sign a long-term supply contract with that customer. D can jump in, and offer a money-losing low price, even if this is for the sole purpose of weakening P.)

 

Now discuss the case, and whether plaintiff can recover and under what legal theories. Remember also to critique at least two other students' work posted here.


"Discrimination - post here"

 

Ananda is a hearing-impaired repairperson currently employed with the Southwestern Telephone Company. Her job requires her to drive the company truck to remote rural areas in all kinds of weather, to climb telephone poles, to make general repairs to telephone lines, and so on. She has held this position for five years, a full year longer than any other employee, and she is quite competent. Ananda recently applied for a promotion to the position of repair crew coordinator, a position that would require her to be in constant communication with all repairpersons in the field. Southwestern rejected Ananda’s application, stating that the company “needs someone in this critical position who can speak and hear clearly, someone who does not suffer from any hearing disability.” Ananda says she could easily perform the essentials of the job if Southwestern would provide her with a sign interpreter. Although Southwestern agrees that Ananda is otherwise qualified for the coordinator position, the company has concluded that the cost of hiring an interpreter would be prohibitive, and therefore it should not be required to accommodate her disability under the Americans with Disabilities Act.

 

Who is correct? Discuss.

 

Read: http://profj.us/25sp/law17/employment.htm for the law on the above matter

 

Then analyze, discuss, Who is correct? quote the legal rule you are applying to get your answer, then comment on two other students' work - give constructive criticism (agree, disagree, why or why not) say why the student is "on point", or not "on point" - good luck. prof. J.

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