Students are
assigned first to review Employment Law Chapter 19-21 and then to study the
Stipulated Facts, statutory excerpt and the case law in the simulation
materials. You are assigned to compose a
minimum of 1,500 word memorandum that advocates a particular party’s view (You
may argue either side but you must argue
this side consistently) on the issue of the Revere’s potential liability
under the ADA and ADAAA.
Students outline
each legal issue applicable to a discrimination claim and support their
arguments using citations to legal points and excerpts of the statutory excerpt
and the case law. Students are assigned to conclude the document by suggesting
any potential non-judicial solution that may mutually benefit the parties.
In this simulation, you are asked to analyze the Stipulated
Facts, a statutory excerpt and case law, and then write a minimum 1,500
word memorandum that advocates a particular side of the dispute. It does not
have to be in memo form. It can be a
paper written to support taking a case, it could be a paper written to persuade
me that one side or the other would be the winner in a court case. It could be your closing argument to a jury.
Be creative. Whatever form you choose it must be a persuasive essay or at least
have the requirements of a persuasive essay. If you forgot how to write one,
review the articles I have posted under writing tips or contact the Writing
Center,
Assignment:
Review
the Concept Summaries and your notes from chapter 19-21 in the
textbook.
Study
the Stipulated Facts, the statutory excerpt and the case law
included in Section 2 of the Simulation Exercise.
YOU MUST ADVOCATE (DEFEND) either
Falstaff or Revere..
Compose
at a minimum 1,500 word memorandum that focuses on issue of Revere’s
potential liability under the ADA and ADAAA. Look to the rubric on what
issues you are to cover. Your memorandum should contain: 1) a summary of
relevant facts of the dispute; 2) an explanation of each legal issue in
the analysis with an application of legal rules or doctrines governing the
dispute; 3) a list of all remedies that your side is entitled to; 4) a
tenable solution to resolve the dispute in a non-judicial forum. Your
memorandum should articulate arguments that support your side of the case
by citing directly from the statute, case points of law and opinion
excerpts (use a simple parenthetical citation format with the first name
of case and point/excerpt number such as Grindle at Point
2, or Adams at Excerpt b1 or ADAAA Section 2-2).
You
must also use two update sources (published no earlier than 1-1-2020). I suggest using lexology.com which
stores commentary written by law firms on current cases that pertain to
business. They must be worked into
the paper. Wikipedia is not a source.
Be
sure to explain why you cited a particular point. Start with your
strongest argument and give an analysis as to the likelihood of success of
each theory.
In
determining a tenable solution, carefully consider the objectives of each
party (e.g., For Revere, compliance with the ADA and a productive
employee; for Falstaff, his former position as a floor manager with
reasonable accommodations).
No more
than 20% can be quoted sources. At least 80% must be your original words.
