199 - REMEDIES Final Examination Spring 2002 Instructor...

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REMEDIES Final Examination Spring 2002 Instructor: Craig Smith ______ Time Allotted - Three Hours ______ An answer should demonstrate your ability to analyze the facts presented by the question, to select the material from the immaterial facts, and to discern the points upon which the case turns. It should show your knowledge and understanding of the pertinent principles and theories of law, their relationship to each other, and their qualifications and limitations. It should evidence your ability to apply the law to the facts given, and to reason logically in a lawyer-like manner to a sound conclusion from the premises adopted. Try to demonstrate your proficiency in using and applying legal principles rather than a mere memory of them. An answer containing only a statement of your conclusions will receive little credit. State fully the reasons that support them. All points should be thoroughly discussed. Although your answer should be complete, you should not volunteer information or discuss legal doctrines that are not necessary or pertinent to the solution of the problem. Unless a question expressly asks for California law, it should be answered according to legal theories and principles of general application.
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The "Little 500" is a bicycle race that is annually sponsored by the Associated Students of Indiana University. (ASIU). Bicyclists race around the track at the University Stadium in a format similar to the Indianapolis 500 car race. There is no prize money for winning the race. Competitors are racing solely for pride and "bragging rights." In order to keep "ringers" out of the race. (A "ringer" is anyone who would have so much previous cycling racing experience so as to have an unfair advantage) race rules prohibit anyone who has ever held a United States Cycling Federation (USCF) Class I license from participating in the race. Race rules provide that in the event of disputes regarding eligibility to ride in the race, the matter will be submitted to binding arbitration. Moe has been recruited as one of four riders on a team competing in the 2002 race. One month before the race a competing team complains to ASIU that Moe has previously held a USCF Class I license. The matter is submitted to binding arbitration, and the arbitration panel rules that Moe is eligible to ride. Three days before the race ASIU receives additional information indicating that Moe is ineligible to ride. They go to court and ask a judge to issue an order preventing Moe from competing in the race. Without holding a hearing, the judge issues an order commanding Moe not to compete. When Moe learns of the order he consults an attorney and the attorney immediately appeals the judge's order. How should the appellate court rule? Discuss fully. REMEDIES FINAL EXAMINATION
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199 - REMEDIES Final Examination Spring 2002 Instructor...

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