The purpose of this last Discussion Board of the semester is to help you prepare for the final examination, which will be comprehensive in nature. I have attached the District Judge’s opinion in a case called Seals v. Mississippi. It’s a relatively recent case in which the plaintiff is trying to get some grades changed, post graduation. The case comes as close as any I’ve seen to having a little bit of everything. Consequently, it presents a great opportunity for you to review much of what we have covered in this course and test your ability to deal with a variety of legal issues in a single factual situation.
After reading the case, cover the following in your Discussion Board posting. Also take the time to give one or more of your class colleagues the benefit of your wisdom and insights after you have finished with your own primary post.
- Prepare a brief of the case opinion.
- Explain the 11th Amendment issue in the case; how did the judge rule on it and why?
- Explain the 14th Amendment issues in the case; how did the judge rule on them and why?
- What are the contract and tort claims in the case; how did the judge rule on them and why?
- If you are the plaintiff’s attorney and you decide to refile your client’s contract and tort claims in a state court:
a. How would you describe the plaintiff’s contract claim against the university?
b. How would you describe the plaintiff’s tort claim against the university?
c. Based on how your client’s case fared in federal court, what do think are his chances of success, if you refile in state court; why?
Case: https://learn-us-east-1-prod-fleet01-xythos.content.blackboardcdn.com/blackboard.learn.xythos.prod/5a3199fc4282a/12863720?X-Blackboard-Expiration=1606435200000&X-Blackboard-Signature=moWuEyGgEtBxsQB4deFC9nhzHetjv4A%2FETDrL2Ht2wo%3D&X-Blackboard-Client-Id=100614&response-cache-control=private%2C%20max-age%3D21600&response-content-disposition=inline%3B%20filename%2A%3DUTF-8%27%27Seals%2520v.%2520Mississippi.pdf&response-content-type=application%2Fpdf&X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Date=20201126T180000Z&X-Amz-SignedHeaders=host&X-Amz-Expires=21600&X-Amz-Credential=AKIAYDKQORRYTKBSBE4S%2F20201126%2Fus-east-1%2Fs3%2Faws4_request&X-Amz-Signature=0d32967eb57b00bedf5eabf472bf854de8f1cd15155a5b73c3c072fbc372507b
HOW TO BREIF A CASE: https://www.lexisnexis.com/en-us/lawschool/pre-law/how-to-brief-a-case.page