Case Assignment #1 [CA1]

Instructions

CA1-- Post to Assignment in LEO

Length:your minimum target should be aroundsix (6)pages,in response to the two (2) situations below. I will give you asubstantialpoint haircut for anything less than six pages.There is no "upper" limit, but I won't accept anything that starts to resemble a legal treatise/term paper.

1. Best practices. Pay attention to grammar, usage, paragraph and sentence structure in that draft. Read it aloud.Use action verbs and strong nouns, and try to eliminate adverbs and use minimaladjectives. Use active voice as a default setting. Use a narrative form, rather than bullet points or lists, etc.
2. Minimum mechanics standards. You may use a traditional essay format with in-text citations, APA works cited page etc. especially if you are using outside sources such scholarly articles, law review articles, books, etc. oryou can use footnotes; however, thepage target does not include footnotes, works cited pages, etc. Any references to caselaw, however, either as a primary source/ example cited for a proposition (at the end of a sentence or within the sentence), or if you are quoting from one or paraphrasing, mustbe in full proper citation form.Otherwise, try to paraphrase rather than use direct quotes where possible.Don't quoteme; usegeneral concepts from the Modules in your general knowledge and apply it.
3. Hints. Week 3 materials will guide your success. Content, Discussions are all valuable; use the major cases you had to look up for Week 3 as primary sources, and articlesor other research as secondary. Try to use the cases listed in the course Content as primary sources, and use articles, etc. as secondary.
4. Rubrics: review the rubric attached to this assignment to make sure all areas meet the requirements
5. Avoidlong block quotes, etc., cut and paste from sources
6. Use your own words and analysis as an expert
7. Quickly demonstrate the understanding of Caselaw and concepts without wasting numerous paragraphs on expositions of that "the law" was, is, and might be. The key is application.
8. No plagiarizing or collaboration
9. Spot the pertinent legal issues, ignoring the ones having nothing to do with week 3, interweaving law/concept and fact in your responses...if this, then that, then moving to the next issue or sub issue.
10. Avoid strings of conclusory statements, or too much "I" or "me.
11. If you dooutside research(sources outside of the Content & cases, e-resources, Discussion etc) don't use any more thanfour (4) (articles, cases, laws/statutes) per situation.
12. Finally, show: 1.Command of key concepts, 2. Caselaw and statutes in week 3, 3.Organization, flow, clear and crisp writing, 4. Proper legal citation form; proper referencing of nonlegal sources, 5. Proper grammar, style/paragraph/sentence structure, 6. Spot issues to be resolved, 7. Analysis and Application

Format:Both formats are acceptable for CA 1:

Title (try to be creative!),then your name and date at top of the page

Format I:

Introduction

Facts

Legal Background

Holding if case, (Textual Purpose if statute)

Analysis

Conclusion

Here's a breakdown of the sections...

Title:Includea creative title and the name of the case or statute. For example "Chambers v. Chambers: The District of Columbia Court of Appeals scores a goal for wives seeking divorce on the grounds of too much World Cup, Not enough Romance."

Introduction:Givea summary of the subject case or statute and it's main idea; then, in a separate paragraphinclude the main idea or thesis.

Facts:Include thefactual background,how the case arose, the players, and the problems orwhy someone felt is necessary to pass a law.

Legal Background:List what other cases or laws thataddressed(or should have been addressed) this problem or issue. What didother courts decide or other laws (state, federal, etc. if you are doing a statute) do or not do? In other words, what was the legal vibe and context before andwhile your case or law was decided or enacted?

Holding if case, (Textual Purpose if statute):What did the judge/judges/justices actually decided and what was their reasoning (or what did the law/the state legislators, the Congress, etc. actually say)? And, if you are doing a law,what was the purpose of the law as stated in a preamble orfirst lines of the text? Give a summary of any dissenting or concurring opinions of other judges (if a case and there's a minority opinion)

Analysis:Interpret the law/statute or case decision as good, bad, or helpful in light of the Legal Background and other factors. Again, this is analysis. Did the holdingaddress the problem or does it look like it made things worse or unclear? Did it follow older cases (precedent) or distinguish them or critique(overrule) them? Did their action make sense? Usereal analysissupport the thesis statement from theIntroduction. If there's a dissent, how does it measure up to the majority opinion (if a case)? If it is a law, why did the legislators vote againstthe law? Did it break new ground or totally reverse old precedent?

Conclusion:Restate your thesis statement/position in a sentence or two.Add a suggestion on what might happen in the future, or a sentence on any lingering problems.

Format II:

Abstract:Provide a short summary of what you have determined are the core issues in the case and your approach to the argument to follow (about one page or less).

Background:Present a detailed discussion of the history and background of the body of laws and major case precedents that form the legal foundation for addressing the questions and issues at the core of the case (about .

Argument:Select one side of the case and present a detailed, compelling argument for that side, with support from established statutory and case law via citations

Citations:Include ample legal citations to demonstrate the breadth of your research in support of your argument. Citation format should be standard legal style, which you can see in both the legal research tutorial and in your textbook. Citations can be included either within the body of your paper or as end-notes.

ALERT: As with your First Amendment Quiz, while the situations are based on real life, they are not real. When dealing with legal hypotheticals, you apply only the facts given and what they trigger. You do notadd any material facts even if you feel those indeed come from the "real life" situation. So don't try to insert what you think are the real people or situations from which the hypo is based. This is different with different facts given, as an academic exercise.

Moreover, part of a real world experience is to hack through a jungle to what is pertinent and raises the issues you studied, versus stuff that might be just surplus, distracting or irrelevant. Likewise, use analysis and not your own passions, personal attributes, or feelings/beliefs. Also, watch your tone: while informal (based on the hypo's set-up), you should never be colloquial. Even though you are pals and colleagues with Yolanda (your boss, below), she is looking to you asan expert.

Consider this hypothetical:

You are an editor and legal advisor for a WebTV/digital magazine called The Buzz. It's a news and features site for millennials and twenty somethings based in Washington, DC.The Buzz has both original and "curated" (pulled from other sources, newspapers, web sites, etc.) content, text articles, and pictures; it also has its own youtube and Web-based video channel providing culture, politics, music segments with guests, pundits, celebrities, often hosted by the reporters who wrote the articles. Think Huffington Post Live, ESPN's new "TheUndefeated.com" or Buzzfeed's platform, nothot mess tabloids orTMZetc...

You are dealing with two situations. Answer both, separately.

Situation One:It's late at night.

Earlier, around 10:45 p.m., one of your producer-writers-on air personalities namedTheo Marcus, came back from a club called The Jam in Washington DC where he was coveringmega hip hop artistMisCreant'sperformance at an unofficial "Homecoming Event" for Theo's alma mater. MisCreant never made it to The Jam party, however...

Around 6 p.m. earlier that day, after an appearance on a local college campus, MisCreant and his entourage had returned to their suites at the venerable Hay-Adams Hotel across from the White House before the Jam event. Theo, upon showing his press credentials, was allowed to follow MisCreants motorcade back to the Hay-Adams and await MisCreant in the lobby, where he'd be granted a one-question stand up interview and some digital video of the answer. However, once MisCreant and his entourage got off the elevator, they pushed through the waiting journalists directly out to the sidewalk, where legions of MisCreants most female adoring fans were waiting, and screamed their love for him.

Theo said he followed the group and got his camera phone and recorder ready, where upon suddenly hesaw a man he found out was namedDrake Wimpy, age 21, try to get into a selfie MisCreant was taking with two young women. When this guy Drake attempted the "photo-bomb' and inserted himself in MisCreant's personal space, the star yelled something like"I ain't got time for no [derogatory word for gay men] shit,"Then, Theo heard MisCreant say"I feel like whooping ass,"and pow! Suddenly, MisCreant smashes Wimpy in the nose; when Wimpy grabs MisCreant's sleeve as he's falling, MisCreant's 6'5" bodyguardStretch Armstrongpunches an already injured Wimpy, snatches a still swinging MisCreant, and pushes him into a waiting Range Rover.

Theo said the vehicle sped off until pulled over by a DC Metropolitan Police motorcycle and a uniformed Secret Service squad car. Theo obtained both PDFs. of the reports from MPD and the Secret Service containing Stretch's statement that he believed his boss was being "assaulted and tussled with by an unruly dangerous fan," so he had to punch Wimpy and rescue the superstar. Stretch the bodyguard also stated that MisCreant "thought the fan was gay, and the Boss [what he calls MisCreant] hates it when gays try to touch him, because he is straight and being gay is a sin." The cops arrested the superstar and the bodyguard on the spot, and both expect to be bailed out by 9 am.

Theo took shots of Wimpy's face andtook a phone video interview upon identifying himself as a reporter; he spoke to Wimpy before the ambulance and other police arrived at the hotel. Wimpy said to him "I just wanted to photobomb, ya know...but there was another dude back therehe was in the lobby with me because some of us managed to get in for autographs and pics. He says his name wasFreddieor something, but I didn't push or touch MisCreant on purpose...that guy Freddieshovedme into MisCreant, because I was hearing him on the phone, then babbling to himself about how he was mad MisCreant didn't call him, some crap like that. I'd heard the dude mumbling again like he was nervous or crazy before the entourage came out that he and MisCreant hooked up whenever MisCreant's in DC.I got no clue what that was all about because next thing I know I'm getting pushed into the picture, not just photobombing, so I'm gonna try to smile and have fun...thenkapow, MisCreant and that big sucker are beating on me, calling me the f-word..."

Theo said he checked around to see if there was a Freddie in the crowd. Literally, no one wanted to be interviewed about the actual assault unless they could just smile and say they were there and take selfies and post to Instagram. However, a doorman at the Hay-Adams and a hotel security guard told Theo on the record that while they had no clue who "Freddie" was, it was MisCreant who assaulted Wimpy, not the other way around and did notice Wimpy somehow beingpushedforward, not lunging toward the star to be in the selfie. They did point to a young woman whom they said was visibly upset( rather than reveling in the drama like the other fans and young people on the street). She declined to be identified or photographed, but Theo confronts her anyway. On the record, yet anonymously, she said:"Yeah Freddie, he's my friend. He took off. He doesn't want trouble. He usually visits MisCreant in Virginia to have sex." Then, she ran away and hailed a cab.

Theo Marcus -as a witness not a reportergave the only plain vanilla details or vague descriptions of the event to other media outlets and the DC Police, fearing the other media outlets will "scoop" The Buzz...

...so you and Buzz editor in chiefYolanda Cruzare now discussing the story with Theo. You've already done a quick WebTV spot on the incident that night, scooping BET, VH1/MTVas well as Harvey Levin's TMZ, and there are TMZ "stringers" (contract videographers/reporters/paparazzi ) texting Theo every minute for gossip.

You see TMZ.com video of MisCreant being brought into the police station around 9 p.m. to be booked. He's yelling to local reporters and TMZ stringers "Tell my family I am goin' to rehab. Gotta get well!"

Theo shows you his notes and says here's the angle:that MisCreant's well documented violent tendencies and decision to go to rehabindeed his documented physical abuse of two former girlfriends (no charges filed)is all attributable to his inability to deal with being a rich 21 year old...and in the "closet." Theo says he has "think piece" background on continuing homophobia amonghip hop starts. Moreover, he's dug up quotes from MisCreant to go with Stretch's where MisCreant has referred to a very conservative family upbringing, and that if he "disappointed" them with a "lifestyle," it would break their hearts. Never mind that family is dependent on him for their livelihood they administer is his "brand" and work with his manager and agent; nor did they seem to abandon him when he punched his two ex-girlfriends.

That night, Theo has yet to find Freddie, but has uncovered tweets, which he guesses are from bogus fan accounts by males who claim they have had sex with MisCreant. Still, there are at least 135 tweets going back four years on that subject, and one references an MTV interview video which can be found on youtube from 2014 where MisCreant says gay marriage might be considered an "abomination"However, in that same interview, he makes lewd references to wanting to see lesbians have sex.

Yolanda gets an email alert from one of your wire service sources, Sneuters, out of London, which you use along with the AP (Associated Press). Apparently, just 24 hours before the Washington DC incident with Drake Wimpy, there was a similar altercation involving another young superstar namedJustin Weenerin the UK, where the victim,Nigel Patterson, is quoted "I am to Justin what Freddie in America is to his boy." No one knows who "his boy" is nor did Patterson elaborate on this coincidental use of the name "Freddie." Patterson said this to paramedics on the scene and several bystanders as he lay injured from the beating he himself received from Weener's bodyguards. He slipped into a coma upon arrival at a London hospital. Nothing more can be gotten from him; you have no affiliates to monitor his situation because gone are the days of foreign bureaus, thanks to corporate consolidation and cutbacks by greedy media giants.

Yolanda calls a recuperating Drake Wimpy in the hospital as a fact-check; Wimpy stands by his statement that a man named "Freddie" was irate, angry at MisCreant "I guess for letting him down somehow, I got the feeling," and this person shoved him forward when all he wanted was a photobomb, and that's what started the brawl.

Yolanda looks at you and says, "This will blow the others out of the water. CNN, HuffPo, the networks, even TMZ."

You reply, "Yeah, but we may have legal exposure. Might need more fact checking and some background on this stuff in the UK."

She sucks her teeth and sneers,"Oh come on. You think Fox News, CNN, CBS, Rolling Stone...do they really fact check beyond what fits the story? No, they shoot first, ask questions later, and here I think we should shoot."

You say, "Well, we aren't them."

She cuts you off and says, "Okay. I hear you. So you are now wearing your lawyer hat so as of 15 minutes ago everything is privileged and confidential. Stay here all night, use are Lexis and Westlaw connections if you have to.By 8 a.m. I want something in writing giving me an explanation of the possible issues as it applies here to MisCreant if we run Theo story as-is based on the info he has, and any defenses we might have, etc."

You grind away all night. She comes back about an hour or so before MisCreant is scheduled to appear in front of a magistrate. What do you tell her?

.

Situation Two:MisCreant situation handled, Yolanda calls you at home:

"Ok you told me that this old U.S. Supreme Court case...was it Cox or something? It gives us the right to report on information contained in public records and available in open court, right? Well, our friend Theo Marcus strikes again! I didn't have a chance to talk to him before the producer posted the package [video or audio news story or commentary]and pics."

"Oh crap," you moan. "Give me the bad news."

"Well, you heard about the two high school football players on trial in Maryland,Finnbar FlynnandD'Antonio Washington, being tried as adults, right? One's the son of former Mayor Baltimore mayor Suzie Baltimore-Washington, and the other is the nephew of Baltimore Mavens quarterback Brady Flynn? Brady was the one who never got suspended from the League for punching his ex-wife.The ex-wife is Finnbar's step-mom..."

"Wow," you reply. "Yeah,Chantal Flynn, the model? Stays out of the limelight."

Yolanda continues. "Don't you watch TV? Chantal is now on the number one reality show on VH-1, 'Diva Loud Football Ex-Wives.' I'd say she's what you law types call a public figurea celebrity. Now here's the gist: allegedly the two youths 'roofied' a young girl at some school party and had one of their friends shoot phone video of them assaulting her. They texted or used Snapchat to relay it to others on the team.The only reason anyone saw it was dueto the hacker group, our friends at 'Unknown,' who leaked stuff to us, the cops, the state's attorney, after school officials, andthe coach who sandbagged us.

Theo used the girl's full name in the package posted on the site just now, based on what was said in open court! She was 15 at the time of the attack, and now she is 16.Theo knows we don't like to publish names or victims of rape or sexual assault, as a matter of company policy, unless it is extremely newsworthy. Plus, the trial isn't even over yet. We especially don't want to use the names of anyone under 18. And your paralegal just told me that there's a Maryland law [not real, just in hypo] saying that any 'media outlet' which publishes the name of a victim of sexual assault without consent shall be fined $10,000 per occurrence. I think it's unconstitutional, and I bet you find another case or two which gives us some wiggle room, right? But it gets worse."

"Worse?" you reply.

"Uh huh. Both of these kids are out on bond during the trial. During last weekend's court recess, Finnbar left town; D'Antonio's parents said their son was 'in seclusion.' No one, not the defense attorneys, even the prosecutors and cops would tell anyone in the media where the boys were.The court issued a statement that both defendants had on ankle trackers, that signals were clear, and that the boys were checking in from an undisclosed location within the state.Well, through a tip from 'Unknown,' Theo discovered that Finnbar remains very close to auntie, not his dad. With digging, Theo found that Chantal owns a seven-bedroom beach house in Ocean City, Maryland. Theo traveled there to stake it out; he saw her home was part of a gated community. However, everyone's sharing the same strip of Atlantic shore. Nothing's fenced off on the beaches, and apparently the State of Maryland helps the property owners maintain the shoreline jointly. Theo was on a section of the beach belonging to neighboring community. You can get on the beach from their parking lot. Theo parked on a public lot across Coastal Highway then walked onto that neighboring community's lot. There was a sign saying NO BEACH ACCESS but nothing that said 'Private Property.'He moved down the shoredesertedto a spot close to where he indeed saw a 'No Trespassing' sign in the sand and fencing in the dunes. He saw a lot of folks partying, took iPhone pics and vids of Chantal, Finnbar and D'Antonio, laughing and dancing with adults and teenagers alike. What jerks, eh?Finnbar's and D'Antonio's ankle tracking bracelets are clear in the footage and pics.

There was a flag near a set of beach chairs occupied by folks who didn't look like they were at the party, just members of that community who'd set up near the party to sunbathe. The flag looked like it was planted by Finnbar's friends and teammates: on it was a cartoon of a woman's buttocks in thong bikini bottom, and lewd references to date rape and deviant sex. Theo just posted the videos, largely unedited, which he took of the beach, including that flag, on our site."

Yolanda sighs and admits that last night The Buzz published a short piece by Theo revealing a 20-second portion of a sex tape also hacked by "Unknown." It is clearly a partially-nude Chantal, inviting what appears to be a teenage male roughly answering toD'Antonio Washington'sdescription into bed with her, with what sounds likeBrady Flynn'svoice whispering commands to his ex-wife. Theo does not mention D'Antonioas the paramour in the piece but does say in the final paragraph:"It would seem the Flynns have reconciled. Does this make a mockery of the star quarterback's nephew's rape trial, and the NFL's domestic abuse and 'conduct' policies?"

Yolanda asks you to present in writing what The Buzz's possible legal exposure is, arising from this set of facts.What do you tell her?[do not include any analysis of cloud hacks by Unknownthat's for a later date].

Due Date

Sep 16, 2017 11:59 PM

Hide Rubrics

Rubric Name: COMM 400 Assignment Rubric

Demonstration of KnowledgeExceeds Standards

40 points

Meets Standards

35.6 points

Needs Improvement

27.6 points

Does Not Meet Standards

23.6 points

Qualitative Category is worth 40% of overall grade

Effectivedemonstration of knowledgeof legal concepts and case law or statutes from Course Content and theidentification of key and sub- issues raised by problem set, case details, or hypothetical questions

Adequate demonstrationof legal concepts and case law or statutes from Course Content and theidentification of key and sub- issues raised by problem set, case details, or hypothetical questions

Somewhat effective demonstrationof legal concepts and case law or statutes from Course Content and theidentification of key and sub- issues raised by problem set, case details, or hypothetical questions

Poor demonstration of knowledge of legal concepts and case law or statutes from Course Content and theidentification of key and sub- issues raised by problem set, case details, or hypothetical questions

Ability to Apply Research SourcesExceeds Standards

30 points

Meets Standards

26.7 points

Needs Improvement

20.7 points

Does Not Meet Standards

17.7 points

Qualitative Category is worth 30% of overall grade

The ability toapply research sources as well as concepts, case law and statutes from Course Content to issues raised, or identified from questions or problem sets in a coherent, concise analysis waseffectively demonstrated

The abilityto apply research sources as well as concepts, case law and statutes from Course Content to issues raised, or identified from questions or problem sets in a coherent, concise analysis wasadequately demonstrated

The ability to apply research sources as well as concepts, case law and statutes from Course Content to issues raised, or identified from questions or problem sets in a coherent, concise analysis wassomewhat effectively demonstrated

The ability to apply research sources as well as concepts, case law and statutes from Course Content to issues raised, or identified from questions or problem sets in a coherent, concise analysis was poorly demonstrated

Proficiency in Sources and Proper CitationExceeds Standards

20 points

Meets Standards

17.8 points

Needs Improvement

13.8 points

Does Not Meet Standards

11.8 points

Quantitative Category is worth or 20% of overall grade

Proficiency in primary and secondary source research, and effective demonstration of proper citation form and reference format rather than applicable law researchundertaken and applied

Proficiency in primary and secondary source research, and adequate demonstration of proper citation form and reference format rather than applicable law researchundertaken and applied

Proficiency in primary and secondary source research, and somewhat effectivedemonstration of proper citation form and reference format rather than applicable law researchundertaken and applied

Proficiency in primary and secondary source research, and poordemonstration of proper citation form and reference format rather than applicable law researchundertaken and applied

Organization and Writing MechanicsExceeds Standards

10 points

Meets Standards

8.9 points

Needs Improvement

6.9 points

Does Not Meet Standards

5.9 points

Category is worth 10% of overall grade

Arranges ideas clearly and logically to support the purpose; ideas flow smoothly and are effectively linked; reader can follow the line of reasoning; Writing demonstrates a sophisticated clarity, conciseness, and correctness with no grammatical/sentence structure errors

Arranges ideas adequately to support the purpose; links between ideas are generally clear; reader can follow the line of reasoning for the most part; Writing is accomplished in terms of clarity and conciseness and contains only a few grammatical/sentence structure errors

Arranges ideas adequately, in general, although ideas sometimes fail to make sense together; reader remains fairly clear about what writer intends; Writing sometimes lacks clarity or conciseness and contains various grammatical/sentence structure errors

Arranges ideas illogically; ideas frequently fail to make sense together; reader cannot identify a line of reasoning and becomes frustrated or loses interest; Writing is unfocused, rambling, or contains serious grammatical/sentence structure errors

Overall ScoreLevel 4

90 or more

Level 3

70 or more

Level 2

60 or more

Level 1

0 or more

100 - 90 points = 100% - 90% =

A+ - A -

89 - 70 points =

89% - 70% =

B+ - C-

69 - 60 points =

D+ - D-

59-0 points =

<59% =

F

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