Answers 5900 exam part 2

Answers 5900 exam - claim 2 Art owner of ABC company gets a speeding ticket for driving 85 miles per hour in a school zone Susan is an employee of

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Mid-Term Exam BA-5900 October 13, 2009 Student Number: _____________________ Part 2. – Open Book. Each Essay Question is worth 45 points. 1. Mary is a legal secretary for a large law firm in St. Louis. Mark, the Managing Partner, tells Mary she has been partying for too many late nights in a row and has come to work looking tired and unkempt. He fires her on the spot. She says she has been studying Constitutional law and is entitled to a hearing, due process and equal protection. Mary sues the law firm. Will Mary win the lawsuit and why? a. State which party wins: The law firm b. Why- The key to this question is- the protections of the Bill of Rights are for actions taken by the government against a person and the 14 th amendment extends the protection to actions taken by states against a person. The law firm is a private entity and not governmental action. Without a statute or further law – Mary doesn’t have a Constitutional
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Unformatted text preview: claim. 2. Art, owner of ABC company, gets a speeding ticket for driving 85 miles per hour in a school zone. Susan is an employee of ABC. Art asks Susan, the wife of the local judge, if she can get the ticket fixed. Susan talks with her husband and he refuses. Susan informs Art of his refusal to help and Art fires Susan. Susan sues the ABC Company. Will Susan win and why? a. Who wins: ABC Company b. Why: Not every despicable act is illegal. Art’s decision to fire Susan may be unethical but not illegal. See: Bammert v. Don’s Super Valu, Inc. c. Credit also given to those who argued that Art’s action was an attempt to bribe a judge which violates the law and that therefore Susan would be protected by the public policy exception to terminating an employee, as discussed in the above case....
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This note was uploaded on 03/06/2012 for the course LAW 5700 taught by Professor Bob during the Spring '12 term at websteruniv.edu.

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Answers 5900 exam - claim 2 Art owner of ABC company gets a speeding ticket for driving 85 miles per hour in a school zone Susan is an employee of

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