Assignment
1. Frank Jones is a college student who had a plow attached to his jeep so he could earn extra money plowing during the winter. Jones was under contract to plow the driveways of Mr. Washington and Ms. Adams, two neighbors down the street. John Smith lives between Washington and Adams. Jones took it upon himself to plow Smith's lot the seven times this past winter when there were storms and when he plowed the other two lots. Jones had never spoken to Smith about it, and Smith never objected. In the spring, Jones personally appeared at Smith's house and presented him with a bill. Smith refused to pay Jones, stating that, "he never agreed to any contract." That statement was made after Jones presented him with a bill of $600, which he calculated as the reasonable value of his services. After Smith's obnoxious response, Jones yelled: "I will see you in court!"
What legal arguments could Jones make to enforce his $600 bill? What legal arguments could Smith make to avoid liability?
2. Benjamin is a long-time key salesman for Morton and Dunderfield, a business supply company in Eastern Pennsylvania. The company decides to change its formal employer/employee relationship with all of its sales people, including Benjamin. Instead of compensating them with salary and a bonus based on quarterly sales, they change the relationship to that of an independent contractor who earns a sizeable percentage commission each month. With the change in this relationship, Morton and Dunderfield require all of their sales people to sign employment contracts which contain a clause that states upon leaving Morton and Dunderfield's employ, they will not contact any former customers for a period of two (2) years. Benjamin, fearing he will lose his job, signs the agreement. After the first month, he realizes he will earn much less that he formerly did.
He seeks your advice on his options.
3. State Senator Leghornne, while filibustering the opposition party's proposed statute on public education, accuses State Senator Gentile, the bill's sponsor, of being an "unabashed child lover." It is common knowledge that State Senator Gentile, who is gay, recently married an 18-year-old college intern who had worked in his legislative offices. The relationship and the marriage were covered in the local papers. Although many conservative people had "their opinions" on the matter, most dealt with the situation with decorum and respect. State Senator Leghornne had recently and vehemently opposed the state's same sex marriage law. State Senator Gentile's spouse was so distraught and upset by the comments made during the filibuster that he attempted suicide by overdosing on sleeping pills. Fortunately, State Senator Gentile returned home in time to call an ambulance, and all are now doing fine.
Senator Gentile's spouse seeks your advice about possible legal actions that he could bring against State Senator Leghornne. He points out to you that he met State Senator Gentile when he was 18, an adult allowed to marry under state law, and that their marriage and relationship are perfectly proper pursuant to the state's same sex marriage law
4. KWRF, a small market radio station, learns from reading in the industry trade magazine that the Federal Communications Commission (FCC) has proposed a regulation change. The regulation will require radio stations to do an additional 20 minutes of public service announcements each week. As KWRF serves a small niche market, and has minimal advertising revenue, the loss of 20 minutes of air time could bankrupt them.
What should KWRF do regarding the proposed change?
5. Vineyard Air, a small business with one twin engine airplane that shuttles people from Boston to Martha's Vineyard, learns from reading in the industry trade magazine that the Federal Aviation Administration (FAA) has proposed a regulation change. Instead of requiring planes to undergo a major 48 hour maintenance and inspection process after 1000 hours of flight time, the proposed regulation will require airplanes to undergo this process after either 1000 hours of flight time or 500 flights - whichever occurs first. As Vineyard Air's typical flight is 25 minutes, the change will require them to triple their major plane overhauls. As Vineyard Air has only one plane and services a small niche market, this change could bankrupt them.
What should Vineyard Air do regarding the proposed change?
6. Lonestar Trucking, a large freight carrier servicing the Southwest, learns from reading in the industry trade magazine that the Federal Motor Carrier Safety Administration (FMCSA) has proposed a regulation change. The regulation, proposed pursuant to a statute that restricts drivers from operating/driving a truck for more than twelve (12) hours a day, will now require drug testing of any driver involved in an accident. The regulation was proposed due to political pressure from Mothers Against Impaired Driving (MAID), a group dedicated to eliminating deaths due to people driving while impaired. Lonestar Trucking is concerned, not just about the costs of implementing such a regulation, but how it will comply with its requirements since accidents often occur far from their base of operations. Lonestar Trucking's employees and their union are also very upset with the proposal. They are concerned that the field drug tests used by police officers are notorious for giving "false positive" results, and that the proposed regulation will require that a test be given even when "the other diver" is clearly at fault.
What should Lonestar Trucking do regarding the proposed change?